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STREET ARTISTS COMMITTEE 
Wednesday, January 8, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70, San Francisco, California 



DOCUMENTS DEPT 
JAN 2 2003 

SAN FRANCISCO 
PUBLIC LIBRARY 



Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission office, 25 
Van Ness Ave., Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415-252-2581. 

Public comment in regard to specific items will be taken before or during consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are 
prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room 
of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound producing 
electronic devices. 

^Agenda 



I. HEARING AND POSSIBLE MOTION TO APPROVE AMENDING PROPOSED 
ORDINANCE INCREASING STREET ARTIST FEE TO PROVIDE FOR A 
SPECIFIC FEE FOR EACH OF THE FISCAL YEARS 2002-03, 2003-04, 2004-05, 
AND 2005-06 

On February 4, 2002, the full Arts Commission voted to approve a request by the Street 
Artists Program Director for Board of Supervisors approval of an ordinance increasing the 
street artist certificate fee for fiscal year 2002-03 to $93.40 per quarter or $373.60 per 
year. For the past four years, the Program has been drawing down on its surplus fee 
reserve to cover its deficits. In its vote, the Commission intended the fee increase to be the 
first of four increases over the next four years while, at the same time, to draw down on the 
surplus fees reserve until the reserve is exhausted and the annual fee revenue of FY 2005-06 
entirely supports the costs of the Program. 

While the Board of Supervisors has not yet heard the proposed ordinance, the Program 
Director is requesting Arts Commission approval of an amendment to the proposal which 
would specify the fee amount for the balance of the current fiscal year and the fee amount 
for each of the next three years. The fee amounts are predicated on projections of the costs 
of managing and enforcing the street artist ordinance with supplementation of the surplus 



12/13/02 1:59 PM 



FAC | Street Artists Program Committee | January 8, 2003 file:///C|/Program Files/FileMaker/Claris Home Page 3.0/saaOl 

fees reserve until the reserve is exhausted and the fee amount for FY 2005-06 is sufficient to 
entirely support the costs. 

II. HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Paula Grundman - Certificate # 5795. Alleged violations: (1) Selling within 5 feet of fire 
hydrant; (2) Selling in a location not designated by Board of Supervisors, 2nd offense; (3) 
Selling items (mother-of-pearl and abalone pendants on non-adorned cords) not certified by 
Arts Commission, 2nd offense; (4) Conducting business in a disorderly, improper, 
hazardous manner: threatening, and disrupting the businesses of, various street artists. 

Section 5 of the Street Artists Ordinance allows the Director of Cultural Affairs to refuse to 
issue or renew a street artist certificate if charges have been filed alleging deception or 
violation of the Street Artists Ordinance. Under the Arts Commission's Section 5 
procedures, the Director of Cultural Affairs may withhold the issuance or renewal of a 
street artist's certificate if the artist is charged with the violation of selling items not 
certified by the Arts Commission and the violation of conducting business in a disorderly, 
improper, or hazardous manner/threatening, and disrupting the businesses of, other street 
artists. These are charges of "serious violations" which are considered by the Commission 
to include "violations of a violent or threatening nature and violations that significantly 
threaten the integrity of the Street Artists Program. " Renewal of Ms. Grundman' s certificate 
has been withheld pending hearing with the Street Artists Committee. 

IE. HEARING AND POSSIBLE MOTION TO APPROVE SUSPENSION OR 
REVOCATION OF CERTIFICATE 

Kan Wen Chong - Certificate #5777. Alleged violations: (1) Selling in a location not 
designated by Board of Supervisors, 2nd offense; (2) Exceeding display length regulation; 
(3) exceeding display width regulation; (4) exceeding display height regulation. 

IV. REPORT BY PROGRAM DIRECTOR 
V. NEW BUSINESS 
VI. ADJOURNMENT 



[ ACCESSIBILITY INFORMATION | Street Artists Committee | Meetings Index ] 
December 13,2002 



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ACCESSIBILITY INFORMATION 

Pursuant to City Policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Arts Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness, suite 70, basement level, 
unless another site is specified. Suite 70 can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 
Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains: stopping at Van Ness and Market, one-half block 

from the building. 
9, 26, and 42 Buses: serving the area of Van Ness and Market. 
Civic Center BART: located at the intersection of Grove, Hyde, and Market Streets 

For more information on accessible transit, call (415) 923-6142. 

In order to assist the city's efforts to accommodate individuals with severe allergies, environmental illness, 
multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these 
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American Sign Language interpreters and/or a sound enhancement system will be available upon request at 
meetings. Please contact Michele Liapes, Public Information Officer at (415) 252-2559 at least 72 hours 
prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, 
boards, councils, and other agencies of the City and County exist to conduct the people's business. This 
ordinance assures that deliberations are conducted before the people and that City operations are open to 
the people's review. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact Donna Hall: By Mail to Administrator, Sunshine Ordinance Task Force, 1 Dr. Carlton 
B. Goodlett Place, Room 244, San Francisco 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 
or by email at Donna Hall@sfgOV.org . Citizens interested in obtaining a free copy of the Sunshine 
Ordinance can request a copy from Ms. Hall or print Chapter 67 of the San Francisco Administrative Code 
on the internet @ WWW. sfgov.or^dsupvrs/sunshine.htm 



SFAC | Street Artists Program Committee | January 8, 2003 Page 1 of 10 









STREET ARTISTS COMMITTEE 
Wednesday, January 8, 2003 



DOCUMENTS DEPT. 
3:00 p.m. 

NOV 2 6 2003 
25 Van Ness Avenue, Suite 70, San Francisco, California 

SAN FRANCISCO 
PUBLIC LIBRARY 

Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission 
office, 25 Van Ness Ave, Suite 60, San Francisco CA 94102 during regular business hours. Tel: 415- 
252-2581. 

^ Minutes 

Commissioners Present: Kirk Anderson, Andrew Brother Elk, Rod Freebairn-Smith 



Commissioners Absent: Denise Roth, Dugald Stermer 

Staff Present: Richard Newirth, Director of Cultural Affairs; Howard Lazar, Street Artists 
Program Director 



In attendance were street artists Robert Clark, William Clark, Barbara Michalak, Susan 
Pete, John Thomey, and Edward Steneck. 



Commissioner Freebairn-Smith chaired the meeting and called it to order at 3:12 p.m. 



I HEARING AND POSSIBLE MOTION TO APPROVE AMENDING 
PROPOSED ORDINANCE INCREASING STREET ARTIST FEE TO 
PROVIDE FOR A SPECIFIC FEE FOR EACH OF THE FISCAL YEARS 
2002-03, 2003-04, 2004-05, AND 2005-06 



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SFAC | Street Artists Program Committee | January 8, 2003 Page 2 of 10 



Program Director Lazar reviewed that on February 4, 2002, the full Arts Commission 
voted to approve submittal of an ordinance to the Board of Supervisors increasing the 
street artist certificate fee for fiscal year 2002-03 from $87.50 to $93.40 per quarter or 
from $350.00 to $373.60 per year. In its vote, the Commission intended the fee 
increase to be the first of four increases over the next four years while, at the same 
time, the Street Artists Program would draw down on its surplus fees reserve until the 
reserve's exhaustion and the annual fee revenue at that time would entirely support 
the costs of the Program. 

While the proposed ordinance had not yet been heard by the Board of Supervisors, 
the Program Director was now requesting approval of an amendment to the ordinance 
which would specify the fee amount for the balance of the current fiscal year and the 
fee amount for each of the next three years. This was in keeping with a recent 
directive to all departments from the Mayor's budget office to plan budgets for the 
next three years. The Program Director, referring to his "Graduated Certificate Fee 
Increase Proposal", submitted projections of the Program's budgets and revenues for 
the next three years based on moderate fee increases. 

The Commissioners reviewed charts developed by Mr. Lazar which showed the usage 
of the surplus fees reserve to cover the Program's recent annual deficits and projected 
revenues predicated on his proposed fee increases. It was seen that (a) without any fee 
increase, the surplus fees reserve was projected to disappear in two and a half years; 
and (b) with four gradual fee increases, the first commencing with the remainder of 
the current fiscal year, the moderate increases in revenue would allow usage of the 
surplus fees reserve to continue to a later date of complete depletion, fiscal year 08- 
09. 

Mr. Lazar reviewed also that, out of consideration of the street artists, it had been the 
Commission's intent to introduce a gradual fee increase now, while the surplus fees 
reserve was offsetting the Program's deficits, rather than wait for the complete 
depletion of the reserve and impact the street artists with a dramatic increase in their 
fee. 

The Commissioners observed that the proposed annual fees (7% and 6% increases for 
365 artists) ranged from $373.60 for the remainder of FY 02-03 to $419.20 for FY 
05-06, whereby the Program's revenue would continue to receive the benefit of 
augmentation by the surplus fees reserve. It was further observed that, by FY 07-08, 
the revenue of a projected $442.00 fee plus the remainder of the reserve would be 
insufficient to cover the Program's deficit of the following year, and this would then 
necessitate Board of Supervisors approval of another ordinance to establish a fee to 
entirely cover the costs of the Program. 

Commissioner Brother Elk observed that, in recent years, the Program's annual fee 
revenue had leveled off to $128,000 to $130,000 (compared with this year's budgeted 
expenses of $165,000). 

Mr. Lazar went on to say that, following another directive of the Mayor's budget 
office for departments and programs to eliminate 5% of their budgets for next year, 
he considered the Program's "core services" and "discretionary services" (terms used 
by the Mayor's office) and chose to eliminate ? major "discretionary service" 
instituted by the Program over the last ten years: the Program's hiring of off-duty 



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police officers to enforce the street artists ordinance against unlicensed vendors in 
street artist areas. This will be a savings of $1 1,000 or 6.5% of the Program's budget 
and will allow for a slightly longer continuation of the usage of the surplus fees 
reserve. 

Commissioner Anderson stated that Mr. Lazar had done a prudent and thorough job 
in projecting the budgets and revenues. He also said that it was advantageous to 
introduce a gradual fee increase, while using up the surplus reserve, rather than 
exhaust the surplus and impact the artists with a sudden and dramatic fee increase. 

Commissioner Freebairn-Smith observed that the sales activities of unlicensed 
vendors continue in the Downtown area and that, since it was the responsibility of the 
Police Department to handle this problem, it seemed almost punitive to continue to 
ask the street artists to pay for such enforcement. The Commission should continue to 
ask the police to remove the unlicensed vendors. 

Commissioner Brother Elk stated that he felt the proposal's moderate approach would 
work to the benefit of the artists and their Program. 

In response to questions from Commissioner Freebairn-Smith, Mr. Lazar clarified 
that the Program is entirely self-supported by its street artist fees and does not receive 
assistance from the City's general fund. The mechanism the Program has to remedy 
any shortfall of its revenue is to raise the amount of the fee. Responding to further 
questions, he explained that 82% of the Program's budget encompasses salaries of 
two full-time employees, and 7% goes toward compensation of Advisory Committee 
members for their examinations and monitoring assignments of the artists' wares - all 
of this represents employee and Advisory Committee implementation of "core 
services" mandated by the street artists ordinance. The Program Director had made 
cuts where permitted and saved the Program 3% this year and proposed a 6.5% 
savings for next year. 

Commissioner Brother Elk stated that, in his survey of City government, the Street 
Artists Program was one of the best-managed and thriftiest programs he had observed 
and that, if anything, the Program was under-budgeted. He hoped that the 
Commission would someday, in a better economy, be able to do more to assist the 
street artists. For the present, he was personally uncomfortable with how low the 
Program's budget was. 

Commissioner Freebairn-Smith called for public comment on the item. 

Street Artist William Clark stated that the City Attorney did not answer the question 
that he had asked which was if, at the end of a fiscal year, there is a surplus remaining 
in a special fund, whether it is mandated that the surplus be counted as revenue for 
the following year's budget. The City Attorney's response, he said, was to a different 
question; the response was that a department was not required to spend all of its 
surplus while in a present fiscal year. He asked that his question be resubmitted for an 
answer. 

Mr. Clark went on to state that he opposed the fee increase and the four-year plan. He 
submitted copies of the Police Code's Sections 2404.2, "Fee Setting Procedure", and 
Section 2404.1.1, "Street Artist Application/Examination Fee"; the Administrative 



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Code's Section 10.100-1, "Administration of Special Funds" and Section 10.100-32, 
"Art Commission Street Artist Fund"; and the City Charter's Section 6.305, "Cash 
Reserve Fund and Supplemental Appropriations". Citing Section 2404.2, Mr. Clark 
stated that the law required the Arts Commission to plan its Street Artists Program 
budget and certificate fee on an annual basis; therefore, for the Board of Supervisors 
to approve an ordinance setting forth fee amounts for the next four years, Section 
2404.2 would have to be amended. He urged the Commissioners to seek such an 
amendment before approving the four-year plan. 

Citing Section 10.100.1, Mr. Clark stated that the Street Artists Program's fund was 
categorized as a "category four" fund which required that "[A]ny unexpended and 
unencumbered balance remaining at the close of any fiscal year in fund categories 
two, four, six, and eight shall be deemed to have been provided for a specific purpose 
within the meaning of Section 6.306 of the Charter and shall be accumulated in the 
fund." Section 6.306, Mr. Clark pointed out, provided that "unused and 
unencumbered appropriations, balance and revenue collections in excess of revenue 
estimates ... when not transferred to the cash reserve fund ... shall be held as surplus" 
and "[S]uch surplus shall be taken into account as revenue for the ensuing fiscal year. 
..." Because of this requirement, Mr. Clark stated that the Program's remaining 
surplus, after covering this year's deficit, must be used for the following year - it must 
be included in considering the fee structure for next year. For example, if 
approximately $100,000 surplus is left over after covering the present year's deficit, 
and there is $160,000 budget for next year, the $100,000 would be applied to the 
budget, and the remaining $65,000 would be divided upon 365 artists which would 
yield the appropriate fee the artists should pay. 

Commissioner Brother Elk asked that, if , following Mr. Clark's reasoning, the 
surplus were to be used up entirely for next year's budget, yielding a small fee, what 
then would happen the following year when there is no surplus? He asked Mr. Clark 
what he would do if he were in the commissioner's shoes. 

Mr. Clark responded that he would follow the law, seek a lower fee - even a $10 fee - 
then go back to the Supervisors the following year for a higher fee. 

Commissioner Anderson stated that if this happened, an enormous increase in the fee 
would be imposed during the year the Program would go into a deficit; this, in turn, 
would drive away many street artists. It would be more prudent, he said, to inform the 
artists, when lowering their fee, of the possible advent of a deficit and then slowly 
increase the fee incrementally in order to not impose a sudden huge increase. 

Mr. Clark responded that if the fee were raised now, artists would drop out of the 
Program. In contrast, if the fee were lowered for one year, everyone in the Program 
would be inclined to stay, and the additional 100- 150 new licensees entering the 
Program would also stay; therefore, in the following year, instead of 365 artists 
sharing the costs, there would be at least 500 or 565 artists, and the necessary 
increased fee, though a dramatic jump, would not be as high as the present fee. The 
process, he said, was meant to be simple, to avoid having to make long-term 
projections of budgets and fees. 

Mr. Clark maintained that the Program was net in a deficit, that it was in a surplus; 
and that, as the fees go up, more artists drop out. 



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SFAC | Street Artists Program Committee | January 8, 2003 Page 5 of 10 



Commissioner Brother Elk questioned Mr. Clark's reasoning, and stated that an artist 
who first pays a $50 fee would not be inclined to stay the following year when his fee 
has to be raised significantly - and that this could make for a huge decline in the street 
artist population. 

Commissioner Anderson stated that he felt the worry for the commissioners would be 
that the 500 artists projected by Mr. Clark would turn out to be only 300, and the 
Program would again return to a deficit situation. The Commissioner stated that he 
would like to make the fee increase as gradual as possible. 

Street Artist Robert Clark stated that, after lowering the fee, a possible way to avoid a 
sudden dropout of artists is to have the Program staff tell the artists that they are 
fortunate to be paying a low fee now and that next year they should be prepared to 
pay a somewhat higher fee. 

Mr. William Clark, in closing, stated that he felt that he had already given the 
Program a substantial amount of money to be used to pay for the Program's expenses; 
for the Commission to accept the money, not entirely use it to cover the expenses, and 
then ask him to pay a higher fee would not be proper. 

Street Artist Barbara Michalak stated that she was speaking for herself and two other 
licensees, her mother and her husband. While they were not in the Program when the 
surplus fees reserve was created, the surplus was only a small savings that was 
helping the Program to continue for the people who depended a hundred percent on 
the Program. For her and her family, it would be a sad story if the Program, without a 
fee increase, used up the savings and ended in 2005-06. All the energy she had put 
into her business would be wasted; her moving her family from Cupertino to Pacifica 
to be closer to the Program would have been for naught. 

Ms. Michalak went on to say that she was doubtful that the Program could attract 
another 150 license holders to share its costs given the present economy in which (a) 
people were looking for stable, full-time jobs with benefits, and (b) the difficulty in 
making a living on the streets. Furthermore, she did not favor the idea of having the 
fee lowered significantly only to have it rise sharply the next year. 

Seeing the savings as a cushion against certain unforeseeable costs in the Program, 
Ms. Michalak stated that the staffs requested fee increase, she said, was only seven 
pennies a day or the equivalent of one Starbucks coffee a month. She would be 
willing to sacrifice the one cup of coffee to ensure the existence of the Program so 
that she could continue in business for another ten years. An additional two dollars a 
month from each of the present artists who make the Program their full-time business 
was really, she said, not bad. She added that street artists do not pay a lease, security, 
or utilities for their prime sales locations which, with the fee increase, would cost 
them only $1.07 a day. 

Street Artist Susan Pete stated that she would be unhappy about the prospect of some 
500 artists in the Program, as suggested by Mr. Clark; as it was, with 365 artists, there 
were not enough spaces to allow an artist to work more than one day out of a three- 
day lottery period. She urged the Commissioners to not lower the fee. At the same 
time, she expressed reservation about raising the fee to the level proposed by the 



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SFAC | Street Artists Program Committee | January 8, 2003 Page 6 of 10 



Program Director. She said she was having a hard enough time covering the present 
$350 fee. The economy right now was so bad that she often experienced zero-dollar 
days. It did not seem right, she said, to increase the fee without increasing the number 
of spaces. 

Commissioner Anderson stated that he saw a legitimate concern which his committee 
should address: an increase of artists without an increase in spaces would greatly 
infringe upon the opportunities of the artists. 

Street Artist John Thomey noted from the Program Director's "Graduated Certificate 
Fee Increase Proposal" that the Program spends 7% of its budget on compensation for 
the Advisory Committee and 82% on salaries for two full-time employees, which, he 
said, represented approximately $128-130,000 for two people. It seemed that the 
amount, when most of the artists were struggling, did not seem proper. 

The Program Director clarified that the figure comprised total salaries and total fringe 
benefits and that the rates of the two positions were governed by City and union 
agreement. 

Mr. Thomey asked that the Program do more trimming of the remaining 1 1% of the 
budget. 

Commissioner Freebairn-Smith commented that all prices will rise, hopefully, gently 
during the present economic period. All retailing in the city was becoming a little 
more expensive every year - it always does, he said - and Mr. Thomey's income 
should increase with the rest of the business world. 

Mr. Thomey responded that he attracts customers who ask him to sell his products at 
half price, and that these are the only customers available. 

Director of Cultural Affairs Newirth stated that when he started working for the Arts 
Commission ten years ago, there were three staff people in the Street Artists Program; 
one of these positions, the full-time Art Inspector, was eliminated (to prevent a fee 
increase). Mr. Lazar, he said, was presently doing an incredible amount of work with 
the present staff. If anything, Mr. Newirth said, Mr. Lazar and his assistant Toni 
Worthy were worth much more than they receive. Secondly, during the last ten years 
there were no fee increases for the street artists - despite the fact that the cost of living 
went up and people's incomes went up. In essence, the present situation, with the 
Program being run in a deficit, was that the artists who were enrolled in the Program 
five to ten years ago were now subsidizing current street artists. What the staffs 
proposal was intending to do was to try to take this factor into account so that the 
impact on the artists would be as minimal as possible while gradually making the 
Program entirely self-supporting. 

Mr. Newirth added that his chief concern was the longevity of the Program, its 
existence in the future. As an administrator making a policy recommendation to the 
Commissioners, he stated that it would be negligent on his part to not do something 
pragmatic in a business sense for the sustenance of the Program. 

Street Artist Robert Clark urged the Commissioners to follow the law, consider the 
surplus in the fee scheduling, and reduce the fee accordingly. He stated that for ten 



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SFAC | Street Artists Program Committee | January 8, 2003 Page 7 of 10 



years the Program had a $150,000 surplus; if it were factored in, Mr. Clark's fee 
would be lowered to $10 per quarter for the next year. As a result, no one would drop 
out of the Program, and all the new artists coming into the Program would also stay. 
With respect to Ms. Pete's apprehension about a possible 500 people in the Program, 
Mr. Clark stated that when the fees are very low, as they were in the past, many artists 
come into the Program and keep their licenses as a "safety valve" and do not show up 
on the streets. An increased base of artists would share the following year's costs, and 
the increased fee would be only approximately $200. 

With respect to Mr. Newirth's statement about the fee not increasing in ten years, Mr. 
Clark stated that the artists had not had a fee reduction in ten years, even though there 
had been a surplus. He himself had paid for part of that money and was told, he said, 
that it was going to be used to run the Program and keep his fee low. He saw the 
Commission as holding onto his money until he dropped out of the Program, only to 
use it afterward to patch up the budget to save the Program. He said he was offended 
by this. He went on to say that the law dictated that the Program not be run as a 
business, that the Commissioners were required to consider the surplus as revenue in 
deciding whether to raise or lower the fee; if the Commissioners chose not to do this, 
then, as far as Mr. Clark was concerned, they were "embezzling the funds". 

Commissioner Anderson stated that the Commissioners were working in behalf of 
Mr. Clark and the artists. 

Program Director Lazar stated that, with regard to the issue raised over the possibility 
of one ordinance of incremental fees being contrary to law, he would ask the City 
Attorney to again review the matter in light of the information furnished by the 
Clarks. 

In closing public testimony, Commissioner Freebairn- Smith stated that he was not 
persuaded by the argument that if the fee were lowered, the street artist membership 
would enlarge itself and if the fee were raised, the membership would shrink. He 
favored the moderation of the fiscal planning inherent in the proposal; he saw it as a 
relatively gentle scale of increase, and it represented a policy which the Arts 
Commission could change if the economy dramatically changed. 

Commissioner Brother Elk asked Mr. Lazar for his interpretation of whether the 
Commission may have been in violation with regard to the surplus. Mr. Lazar 
responded that the City Attorney's office had clarified to him that the Commission 
had not been in violation in its use of the surplus to shore up the Program's deficit 
budgets over the past four years, and that the office had expressed that the Program's 
usage of the surplus was in keeping with "prudent fiscal policy". 

Commissioner Brother Elk stated that for the past year he had heard severe fears 
expressed by artists regarding the Program's long-term stability. He wanted to see the 
Program be a well-funded, well-budgeted, stable program so that its artists would not 
have to feel fearful from one year to the next about what their fee would be. He saw 
the job of the Commissioners as keeping the Program as stable as possible. He again 
cited the Program as being one of the thriftiest programs run by City government, and 
again expressed the view that it was under budgeted - a problem which the 
Commissioners could not readily address in the current economic climate. He wanted 
to be assured that, in the current City's deficit climate, the Street Artists Program 



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SFAC | Street Artists Program Committee | January 8, 2003 Page 8 of 10 



stayed on sound footing; the plan being offered by staff, he said, did exactly that. It 
showed careful thought, planning, and attention in moving the Program up gradually 
from a deficit situation so that one day it would again be entirely self-supported by its 
annual revenue. He added that he wanted artists to have a good idea of what their fee 
would be, not three months or six months in advance, but years in advance. His 
impression from the artists with whom he had spoken was that their Program 
represented a long-term commitment for them. 

Commissioner Anderson agreed that the long-term commitment and stability of the 
Program were important to the artists and to the Commissioners and staff. He also 
accepted what he called an obligation to pursue additional selling spaces in order to 
increase the artists' opportunities. He saw the Committee's role as that of working 
with the artists, even though some decisions might be unpopular but would be made 
in the best interest of the Program. 

Commissioner Freebairn-Smith clarified from staff that the policy implications of the 
reduction in the Program's deficit was heading toward a stabilized, self-sufficient 
program. 

Mr. Lazar stated that that had been the Commission's premise when it voted on the 
initial increase a year ago. 

Commissioner Brother Elk moved approval of amending the proposed ordinance 
increasing street artist fee to provide for a specific fee for each of the fiscal years 
2002-03, 2003-04, 2004-05, and 2005-06; the motion was seconded by Commissioner 
Anderson and unanimously approved. 

2. HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Paula Grundman - Certificate # 5795. Program Director Lazar reported that Ms. 
Grundman's request for a postponement of her hearing had been granted. 

3. HEARING AND POSSIBLE MOTION TO APPROVE SUSPENSION OR 
REVOCATION OF CERTIFICATE 

Kan Wen Chong - Certificate #5777. Alleged violations: (1) Selling in a location 
not designated by Board of Supervisors, 2nd offense; (2) exceeding display length 
regulation; (3) exceeding display width regulation; (4) exceeding display height 
regulation. 

Mr. Chong was not present. In keeping with the Arts Commission's Hearing 
Procedure of Street Artist Violations (a copy of which had been mailed to Mr. Chong 
on October 30, 2002), the Committee heard the case. (Mr. Chong had been informed 
by letter that his failure to appear could result in a Program Committee 
recommendation of the penalty for the violations of which he had been charged.) 

Program Director Lazar reported on the incident involving the above violations of 
September 28, 2002. He reported that Mr. Chong had refused to remove his display 
and leave a non-designated location (next to Franceschi's Restaurant on Jefferson 
Street) upon the request of the Program Director and the adjacent property owner; he 



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SFAC | Street Artists Program Committee | January 8, 2003 Page 9 of 10 



was made to leave only upon the order of a summoned police officer. 

The Commissioners reviewed the Program Director's detailed written report of the 
incident, as well as photographs taken by street artist Yuriy Bihusyak of Mr. Chong 
committing the alleged violations. The Program Director described how Mr. Chong's 
display of clothing and other items took up twenty feet of space. 

The Commissioners also acknowledged that Mr. Chong a year before had served a 
three-week suspension of his certificate for selling in illegal locations, and that the 
Commissioners had deferred his suspension until after the winter holiday selling 
season. Six months later, the Program received a report of Mr. Chong allegedly 
selling again in an illegal location; the Program Director on July 18, 2002 sent him a 
written warning against continuing to do so and reminding him of the suspension he 
had served. 

The Commissioners reviewed the Commission's standard penalties for the above 
violations: suspension periods of six weeks for a second offense of selling in a non- 
designated location and three weeks each for first offenses of exceeding the display 
length, width, and height regulations - a total of fifteen weeks. 

Commissioner Freebairn-Smith expressed that the Commissioners had been 
compassionate in their previous decision regarding Mr. Chong's violations. 

Commissioner Brother Elk expressed that, in his previous hearing, the 
Commissioners had a long discussion with Mr. Chong on his violations and the rules 
of the Program; the Commissioner felt it was impossible that Mr. Chong by now 
would not know the rules. 

Commissioner Brother Elk moved that Mr. Chong be found in violation of selling in a 
location not designated by the Board of Supervisors, 2nd offense, and of exceeding 
the display length, width, and height regulations, 1st offense; the motion was 
seconded by Commissioner Anderson and unanimously approved. 

Commissioner Brother Elk moved that Mr. Chong's certificate be suspended for a 
total of fifteen weeks commencing June 1, 2003; the motion was seconded by 
Commissioner Anderson and unanimously approved. 

4. REPORT BY PROGRAM DIRECTOR 

Program Director Lazar referred the Commissioners to the September 5, November 1, 
and November 12, 2002 letters from street artists Robert and William Clark 
requesting that certain corrections be made to the Committee's minutes of August 14 
and October 9, 2002. (The letters had been forwarded to the Commissioners earlier.) 

Commissioner Brother Elk stated his view that the purpose of minutes is to record his 
Committee's votes in an official manner and that the person taking the minutes has 
the right to interpret the discussions in whatever way the minutes-taker feels is 
appropriate. The Commissioner did not see any point to amending the minutes, as a 
meeting's interpretation was the responsibility of the Program Director. 

Commissioner Anderson expressed agreement with this. He stated that a good job 



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SFAC | Street Artists Program Committee | January 8, 2003 Page 10 of 10 



was done of the minutes, and that going back to amend any portion would be 
ludicrous. 

Director of Cultural Affairs Newirth suggested that at some point the Commissioners 
and the Program Director might wish to discuss trimming the length of future minutes 
because of the time commitment involved in their writing. 

Commissioner Anderson agreed and said that the Program Director's talent and 
energy were best served for his other tasks in the Program. 

No vote was taken to amend the minutes. 

There being no new business, Commissioner Freebairn-Smith adjourned the meeting 
at 4:55 p.m. 

Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 



[ ACCESSIBILITY INFORMATION | Street Artists Committee | Meetings Index ] 
January 16, 2003 



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SFAC | Street Artists Program Committee | February 12, 2003 Page 1 of 2 










^STREET ARTISTS COAAMITTEE 
Wednesday, February 12, 2003 

o . 7 j- 3:00 p.m. 



DOCUMENTS DEPT 
25 Van Ness Avenue, Suite 70, San Francisco, California l,^ « n on no 



SAN FRANC | SC0 
PUBLIC LIBRARY 
Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission 
office, 25 Van Ness Ave, Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415- 
252-2581. 

Public comment in regard to specific items will be taken before or during consideration of the 
item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are 
prohibited at this meeting. Please be advised that the Chair may order the removal from the 
meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other 
similar sound producing electronic devices. 



I Agenda 



I HEARING AND POSSIBLE MOTION TO APPROVE SUSPENSION OR 
REVOCATION OF CERTIFICATE 

Son i a Davis - Certificate #4945. Alleged violation: Selling items not of the artist's 
own creation (commercially manufactured fabricated metal jewelry). 

On January 23, 2003, the Advisory Committee of Street Artists and Craftsmen 
Examiners conducted a studio visit with regard to certain jewelry items on Ms. 
Davis's display as photographed by the Program Director. The purpose of the studio 
visit was to verify whether the items were created by Ms. Davis. In making its 
findings, the Advisory Committee, based on the evidence presented, could not verify 
that the items in question were of the artist's own creation. 

2. HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 



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CERTIFICATE OR RENEWAL OF CERTIFICATE 

Dennis Gonzales - Certificate #2338 (expired October 29, 2002). Alleged 
violation: Conducting business in a disorderly, improper, hazardous manner; 
assaulting Street Artist Eberardo Hernandez. 

Section 5 of the Street Artists Ordinance allows the Director of Cultural Affairs to 
refuse to issue or renew a street artist certificate if charges have been filed alleging 
deception or violation of the Street Artists Ordinance. Under the Arts Commission 's 
Section 5 procedures, the Director of Cultural Affairs may withhold the issuance or 
renewal of a street artist's certificate if the artist is charged with the violation of 
conducting business in a disorderly, improper, or hazardous manner/assaulting a 
street artist. This charge belongs to the category of "serious violations" which are 
considered by the Commission to include "violations of a violent or threatening 
nature and violations that significantly threaten the integrity of the Street Artists 
Program. "Renewal of Mr. Gonzales's certificate has been withheld pending hearing 
with the Street Artists Committee. 

3. REPORT BY PROGRAM DIRECTOR 

4. NEW BUSINESS 

5. ADJOURNMENT 



[ ACCESSIBILITY INFORMATION | Street Artists Committee | Meetings Index ] 

January 27, 2003 



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SFAC | Street Artists Program Committee | February 12, 2003 Page 1 of 5 






^ STREET ARTISTS COAAMITTEE 

Wednesday, February 12, 2003 

y y DOCUMENTS DEPT. 

3:00 p - m - NOV 2 6 2003 

25 Van Ness Avenue, Suite 70, San Francisco, California SAN FRANCISCO 

PUBLIC LIBRARY 



Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission 
office, 25 Van Ness Ave. Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415- 
252-2581. 

^ Minutes 

Commissioners Present: Dugald Stermer, Andrew Brother Elk, Rod Freebairn-Smith 

Commissioners Absent: Kirk Anderson, Denise Roth 



Staff Present: Richard Newirth, Director of Cultural Affairs; Howard Lazar, Street Artists 
Program Director; Antoinette Worthy, Certification Clerk 



In attendance were attorney Robert Pimm and street artists David Campos, Dennis Dooley, 
Eberardo Hernandez, and Edward Steneck. 



Commissioner Stermer, Chair, called the meeting to order at 3:07 p.m. 

I. REPORT BY PROGRAM DIRECTOR 

Program Director Lazar, conveying a request by street artists Robert and William 

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SFAC | Street Artists Program Committee | February 12, 2003 Page 2 of 5 



Clark, asked that a certain correction be made to the Committee's minutes of October 
9, 2002. 

Commissioner Brother Elk moved that page 13, line 29, of the Street Artists 
Committee's minutes of October 9, 2002 be corrected by replacing the phrase "to 
give the name of any person who offered to help her with the lottery" with the phrase 
"to give the name of any person who asked her for a duplicate blue slip", the full 
statement to read as follows: "Mr. Robert Clark, through the chair, asked Ms. Havet 
to give the name of any person who asked her for a duplicate blue slip." The motion 
was seconded by Commissioner Freebairn-Smith and unanimously approved. 



2. HEARING AND POSSIBLE MOTION TO APPROVE SUSPENSION OR 
REVOCATION OF CERTIFICATE 

Sonia Davis - Certificate # 4945. Alleged violation: Selling items not of the artist's 
own creation (commercially manufactured fabricated metal jewelry). 

Program Director Lazar reported that the Advisory Committee of Street Artists and 
Craftsmen Examiners conducted a studio visit with regard to certain jewelry items on 
Ms. Davis's display as photographed by the Program Director. The purpose of the 
studio visit was to verify whether the items were created by Ms. Davis. In making its 
findings, the Advisory Committee, based on the evidence presented, could not verify 
that the items in question were of the artist's own creation. 

The Commissioners examined the photos of Ms. Davis's display and reviewed the 
notes of the Advisory Committee which reflected that (a) Ms. Davis showed no 
receipts describing the copper wire which was used in the rings shown in the photos, 
(b) the receipts did not indicate the type of wire, (c) the receipts were no older than 
April, 2001, (d) the bracelet which Ms. Davis showed was not the same (in 
workmanship and refinement) as the refined silver and stone bracelets on her display, 
(e) the necklace which Ms. Davis showed did not match those on her display, (f) Ms. 
Davis did not present a sufficient amount of finished and unfinished samples of her 
jewelry nor furnish the required items as requested in a letter to her by the Program 
Director, (g) Ms. Davis did not demonstrate making the items in question, and (h) the 
Advisory Committee did "not feel confident that she makes all" of the items on her 
display and was "not convinced that the items in question are made by" Ms. Davis. 

Mr. Lazar stated that, prior to the studio visit, Ms. Davis honored an agreement she 
made with the Arts Commission to discontinue selling the questionable items until 
examined by the Advisory Committee. 

Mr. Robert Pimm, attorney representing Ms. Davis in her absence, stated that some of 
the problems his client had in providing receipts at her studio visit were due to her no 
longer having many of the receipts, tools, and materials. Nevertheless, he said, Ms. 
Davis accepted fully that she failed to submit the questionable items to examination 
prior to selling them, and she now understood that she is required to submit for a 
screening any new item which she wishes to sell; therefore, she wanted the 
commissioners to know that this problem will not arise again. Mr. Pimm added that 
his client wished to waive her right to appeal to the Board of Appeals in order to have 
her suspension commence as soon as possible. 



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SFAC | Street Artists Program Committee | February 12, 2003 Page 3 of 5 



In response to a question by Commissioner Stermer, Program Director Lazar 
recommended that Ms. Davis serve the standard penalty of a 2-month suspension of 
her certificate and that the suspension be not deferred to summer or any other 
significant selling season because Ms. Davis had honored her agreement to remove 
the questionable items. 

Commissioner Brother Elk moved confirmation of the findings of the Advisory 
Committee of Street Artists and Craftsmen Examiners and that Sonia Davis be found 
in violation for selling items not of her own creation; the motion was seconded by 
Commissioner Freebairn-Smith and unanimously approved. 

In response to a question by Commissioner Brother Elk, Mr. Pimm stated that his 
client understood that everything for display on her table has to be made by her and 
has to have prescreened, and that this was for her own protection against accusations 
by other artists. 

Commissioner Brother Elk moved that Ms. Davis's certificate be suspended for a 
period of two months commencing February 20; the motion was seconded by 
Commissioner Freebairn-Smith. 

Street Artist Edward Steneck asked the commissioners to consider mitigating the 
suspension period because of the current poor economic climate. 

Program Director Lazar urged, in deference to the artists who make everything they 
sell and also have to endure the current economic climate, that the suspension not be 
mitigated. 

Commissioner Brother Elk noted that the proposed suspension was a standard 
penalty, and that the case was not one of extraordinary circumstances which would 
warrant mitigation of the penalty. 

Commissioner Stermer stated that the appropriateness of the standard penalty for this 
case was in the best interest of the Program. 

The motion was unanimously approved. 

HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Dennis Gonzales - Certificate #2338 (expired October 29, 2002). Alleged 
violation: Conducting business in a disorderly, improper, hazardous manner; 
assaulting Street Artist Eberardo Hernandez. 

Program Director Lazar clarified that, by its nature, the alleged violation was 
considered by the Arts Commission to be a "serious violation". In wording provided 
by the City Attorney, the "NOTICE TO STREET ARTISTS" issued December 10, 
1 996 states that "serious violations " committed by street artists include "violations of 
a violent or threatening nature and violations that significantly threaten integrity of 
the Street Artists Program. " Such violations result in a withholding of the artist's 
certificate by the Director of Cultural Affairs pending hearing by the Street Artists 



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Committee. In this case, Mr. Gonzales's certificate was withheld and it ultimately 
expired. The hearing was to determine whether it should be renewed or a new 
certificate issued should Mr. Gonzales so request this. 

Mr. Gonzales was not present. 

Street Artist Eberardo Hernandez described the incident. Despite Mr. Gonzales owing 
him money, Mr. Hernandez and he had peacefully coexisted until September 29, 
2002. On that day Gonzales made derogatory comments to him as Hernandez passed 
by his booth on Beach Street; Hernandez responded with a finger gesture (which, he 
said, was wrong of him to do so); Gonzales pursued him to his selling location on the 
same street; Hernandez turned around and received a blow on his face by Gonzales 
which broke his skin and caused his eyeglasses to fall. Street artist David Campos 
stepped in between them. Gonzales invited Hernandez to continue the fight. 
Hernandez called the police; an officer came and cited both of them as citizen arrests 
summonsing both to court. Later that day, one of the street artist Clark brothers 
videotaped Gonzales stating that he was sorry, that he should not have done what he 
had done; this, however, was not an apology made directly to Hernandez. 

Street Artist David Campos told the commissioners that, at the time of the incident, 
he was one space away from Mr. Hernandez's. His back was to him; when he heard 
the commotion, he turned and saw Hernandez picking himself up (although he did not 
think he had fallen to the ground). Hernandez and Gonzales pushed each other, and 
Mr. Campos stepped in between them. 

The commissioners reviewed Mr. Hernandez's written report to the Program Director 
received the day after the incident. The commissioners also reviewed the written 
statements submitted by Mr. Gonzales in the weeks following the incident: the 
statements maintained that Hernandez put his hands on him and that Gonzales hit him 
in self-defense. 

Mr. Hernandez denied this. 

Street Artist Dennis Dooley described an incident involving himself and Mr. 
Gonzales seven years ago which, he, Dooley, regretted not reporting at the time. Prior 
to the incident, Gonzales had been hawking customers, a practice frowned upon by 
the street artists; when Dooley asked him to stop hawking, Gonzales got angry; in the 
end, both agreed not to sell next to each other. Several months later, Gonzales moved 
into a vacated space next to Dooley. When Dooley reminded him of their 
"gentleman's agreement", Gonzales punched him in the chest. Street Artist Kris 
Pokorny stepped in between them. Gonzales packed up and left. Pokorny urged 
Dooley to report the incident, but Dooley did not. The next morning Gonzales 
apologized to him but told him that he really felt Dooley should have defended 
himself with his arms. Dooley was relating the incident now because he felt it was an 
opportune time. 

Commissioner Stermer commented that he has an office near the Delancey Street 
Foundation whose policy is that if an individual even threatens violence, the 
individual is thrown out of the organization without appeal. The Commissioner stated 
that he felt very strongly about the issue of Mr Gonzales's behavior, especially after 
hearing of the previous incident, and was not inclined to let him back into the 



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SFAC | Street Artists Program Committee | February 12, 2003 Page 5 of 5 



Program. 

Commissioner Brother Elk commented that it bothered him that Mr. Gonzales was 
not present to address such a serious charge against him. He added that he felt any 
assault was grounds for not renewing a certificate. 

Program Director Lazar clarified that Mr. Gonzales, who lives in New Mexico, was 
mailed a notice of the hearing two months in advance. 

In response to a question by Commissioner Stermer as to the frequency of physical 
violence in the Street Artists Program, the Program Director stated that, to the best of 
his memory, the last incident of physical violence occurred nearly twenty years 
before, which resulted in certificate revocation. 

Commissioner Stermer commented that, despite all the emotions prevalent in the 
Program, the street artists have handled themselves with decorum and grace, and he 
did not want to see the present case dismissed lightly. He wanted the other artists to 
know that the Commission would protect them. 

Commissioner Brother Elk moved that Dennis Gonzales be found in violation for 
conducting business in a disorderly, improper, hazardous manner by assaulting a 
street artist; the motion was seconded by Commissioner Freebairn-Smith. 

Commissioner Freebairn-Smith moved that issuance or renewal of certificate for Mr. 
Gonzales be disapproved; the motion was seconded by Commissioner Brother Elk 
and unanimously approved. 

There being no new business to consider, Commissioner Stermer adjourned the 
meeting at 3:50 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 



[ ACCESSIBILITY INFORMATION | Street Artists Committee | Meetings Index ] 

February 14, 2003 



-. 



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S|F 



AC 



Richard Newirth 
r of Cultural Affairs 



13 

PROGRAMS 

vie Design Review 

Performing Arts 

Public Art 

Suite 240 

Community Arts 

&. Education 

ral Equity Grants 

et Artists Licenses 

Suite 60 

IC Art Collection 
Suite 70 

.'ommission Gallery 
11 Van Ness Avenue 
415.554.6080 



http://sfac.sfsu.edu 



EMAIL: 
•lMlSSION@SFGOV.ORG 




Y and County of 
San Francisco 



SAN FRANCISCO ARTS COMMISSION 



4- 



NOTICE 



4- 

The meeting of the STREET ARTISTS PROGRAM COMMITTEE 

scheduled for Wednesday, March 12, 2003 has been cancelled due to lack 
of quorum. *" 

The next meeting of the Street Artists Program Committee is 
scheduled for Wednesday, April 9, 2003 at 3:00 p.m. in the Arts 
Commission's Conference Room, Suite 70, 25 Van Ness Avenue, San 
Francisco. 



Street Artists Program 
March 5, 2003 



DOCUMENTS DEPX 
MAR 1 2003 

SAN FBANCJSCO 
PUBLIC LIBRARY 



Van Ness Ave. Suite 240. San Francisco. CA. 94102 tel. 415.252.2590 fax 415.252.2595 



I Street Artists Program Committee | April 9, 2003 



file:///C|/Program HIcs/fileMakcr/Claris Home Page 3.0feaa040903 



15 



s f SAN FRANCISCO 
ac ARTS COMMISSION 



STREET ARTISTS COMMITTEE 
Wednesday, April 9, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70, San Francisco, California 



DOCUMENTS DEPT 
APR - 2 2003 

SAN FRANCISCO 
PUBLIC LIBRARY 



Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission office, 25 
Van Ness Avenue, Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415-252-2581. 

Public comment in regard to specific items will be taken before or during consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are 
prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room 
of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound producing 
electronic devices. 

\ 

Agenda 



I. HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Paula Grundman - Certificate # 5795 (expired December 27, 2002;. Alleged violations: 
(1) Selling within five feet of fire hydrant; (2) Selling in a location not designated by Board 
of Supervisors, 2nd offense; (3) Selling items not certified by Arts Commission, 2nd 
offense; (4) Conducting business in a disorderly, improper, hazardous manner: (a) 
threatening in writing Street Artist Susan Pete; (b) threatening verbally, and disrupting 
businesses of, Street Artists Barbara Michalak, Albina Pietrzak, John Thomey. 

Section 5 of the Street Artists Ordinance allows the Director of Cultural Affairs to refuse to 
issue or renew a street artist certificate if charges have been filed alleging deception or 
violation of the Street Artists Ordinance. Under the Arts Commission's Section 5 
procedures, the Director of Cultural Affairs may withhold the issuance or renewal of a 
street artist's certificate if the artist is charged with the violation of selling items not 
certified by the Arts Commission and/or conducting business in a disorderly, improper, or 
hazardous manner (threatening and/or disrupting businesses of street artists). Such charges 
belong to the category of "serious violations" which are considered by the Commission to 
include "violations of a violent or threatening nature and violations that significantly - 



3/14/03 12:45 PW 



SFAC | Street Artists Program Committee | April 9, 2003 file:///C|/Program Files/FileMaker/Claris Home Page 3.0, 

threaten the integrity of the Street Artists Program. " Because of the above charges #3 and 
#4, the issuance or renewal of Ms. Grundman's certificate has been withheld pending 
hearing with the Street Artists Committee. 

II HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Benjamin Delgado - Certificate #5670. Alleged violation: Selling items not of the artist's 
own creation (leather & cowrie shell bracelets; metal & metallic cord necklaces; 
commercially manufactured pendants on cords). 

On February 27, 2003, the Advisory Committee of Street Artists and Craftsmen Examiners 
examined Mr. Delgado' s wares for the purpose of verifying whether certain items in 
question were created by Mr. Delgado. In making its findings, the Advisory Committee, 
based on the evidence presented, could not verify that the items in question were of the 
artist's own creation. Section 5 of the Street Artists Ordinance allows the Director of 
Cultural Affairs to refuse to issue or renew a street artist certificate if charges have been 
filed alleging deception or violation of the Street Artists Ordinance. Under the Arts 
Commission's Section 5 procedures, the Director of Cultural Affairs may withhold the 
issuance or renewal of a street artist's certificate if the artist is charged with the violation 
of selling items not of the artist's own creation. 

m. HEARING AND POSSIBLE MOTION TO APPROVE RESCISSION OF 

AMENDMENT TO LOTTERY RULE V WHICH PROHIBITS ANY LOTTERY 
COMMITTEE MEMBER WHO HAS SERVED TWELVE (12) MONTHS 
CONSECUTIVELY FROM BEING CONSIDERED AT THE NEXT TIME OF THE 
COMMITTEES SELECTION OF MEMBERS 

IV HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY PROGRAM 
DIRECTOR FOR STREET ARTIST SELLING SPACES ON JEFFERSON STREET, 
BETWEEN MASON STREET AND THE EMBARCADERO 

On September 9, 2002, the full Arts Commission voted to authorize the Street Artists 
Program Director to draw a map of proposed legal spaces on Jefferson Street, between 
Mason Street and the Embarcadero (as well as spaces north ofPac Bell ballpark), and to 
propose such spaces to the Port Commission for approval. Such spaces require approval of 
both the Board of Supervisors and the Port Commission. 

V. REPORT BY PROGRAM DIRECTOR 

VI. NEW BUSINESS 

VH. ADJOURNMENT 



f ACCESSIBILITY INFORMATION | Street Artists Committed | Meetings Index 

March 17.2003 






2 of 2 .V 14/03 



ACCESSIBILITY INFORMATION 

Pursuant to City Policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Arts Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness, suite 70, basement level, 
unless another site is specified. Suite 70 can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 
Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains: stopping at Van Ness and Market, one-half block 

from the building. 
9, 26, and 42 Buses: serving the area of Van Ness and Market. 
Civic Center BART: located at the intersection of Grove, Hyde, and Market Streets 

For more information on accessible transit, call (415) 923-6142. 

In order to assist the city's efforts to accommodate individuals with severe allergies, environmental illness, 
multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these 
individuals. 

American Sign Language interpreters and/or a sound enhancement system will be available upon request at 
meetings. Please contact Michele Liapes, Public Information Officer at (415) 252-2559 at least 72 hours 
prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, 
boards, councils, and other agencies of the City and County exist to conduct the people's business. This 
ordinance assures that deliberations are conducted before the people and that City operations are open to 
the people's review. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact Donna Hall: By Mail to Administrator, Sunshine Ordinance Task Force, 1 Dr. Carlton 
B. Goodlett Place, Room 244, San Francisco 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 
or by email at Donna Hall@sfgOV.org . Citizens interested in obtaining a free copy of the Sunshine 
Ordinance can request a copy from Ms. Hall or print Chapter 67 of the San Francisco Administrative Code 
on the internet @ WWW. sfgov.org/bdsupvrs/sunshine.htm 



SFAC | Street Artists Program Committee | April 9, 2003 



Page 1 of 5 



fx] 



fir f s :'j/»!^i'!S'^ 



^ STREET ARTISTS COMMITTEE 
Wednesday, April 9, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70, San Francisco, California 



DOCUMENTS DEPT. 
NOV 2 6 2003 

SAN FRANCISCO 
PUBLIC LIBRARY 



Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission 
office, 25 Van Ness Ave, Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415- 
252-2581. 

^ Minutes 

Commissioners Present: Dugald Stermer, Rod Freebairn-Smith, Denise Roth 

Commissioners Absent: Kirk Anderson 

Staff Present: Richard Newirth, Director of Cultural Affairs; Howard Lazar, Street Artists 
Program Director; Antoinette Worthy, Certification Clerk 

In attendance were Leigh Ann Baughman, Executive Director of Union Square Business 
Improvement District, Mathew Porkola, Chairman of Advisory Committee of Street Artists 
and Craftsmen Examiners, and street artists Oscar Bevilacqua, Linda Hagen, Kathleen 
Hallinan, Steve Kogan, Barbara Michalak, Susan Pete, Albina Pietrzak, Pamela Quattrochi, 
John Thomey, Sean Yore. 



Commissioner Stermer, Chair, called the meeting to order at 3:30 p.m. 



I. HEARING AND POSSIBLE MOTION TO APPROVE PROPOSAL BY 
PROGRAM DIRECTOR FOR STREET ARTIST SELLING SPACES ON 
JEFFERSON STREET, BETWEEN MASON STREET AND THE 
EMBARCADERO 



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In accord with the Arts Commission's September 9, 2002 vote to authorize the 
Program Director to draw a map of proposed street artist spaces on Jefferson Street, 
Program Director Howard Lazar submitted his drawings of 3 1 proposed spaces on 
Jefferson Street, north side, Mason to Powell Streets. He stated that the spaces would 
meet the public safety requirements of the street artists ordinance. He thanked street 
artists Kathleen Hallinan, Oscar Bevilacqua, and Robert Siu for their assistance in 
surveying the proposed area and for their suggestion to place most of the spaces in 
front of the adjacent parking lot, rather than at curbside. Mr. Lazar further reported on 
a meeting he attended with Port Commission property managers of the Fisherman's 
Wharf area. 

The Commissioners commented that the area of Jefferson Street in question was the 
site of public safety obstructions and other hazards created by unlicensed vendors, 
card-game hustlers, panhandlers, inebriates, and the homeless. The Commissioners 
observed that the proposal, if approved by the Board of Supervisors and the Port 
Commission, could replace these problems with a well-monitored and regulated 
program of licensed street artists selling in specific legal spaces. After discussion, 
Chairman Stermer directed Mr. Lazar to request the Port to place the proposal on the 
May 20th agenda of the Port's Fisherman's Wharf Waterfront Advisory Group and to 
present the proposal at the meeting. 

2. HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Paula Grundman - Certificate # 5795 (expired December 27, 2002). Alleged 
violations: (1) Selling within five feet of a fire hydrant; (2) Selling in a location not 
designated by the Board of Supervisors, 2nd offense; (3) Selling items not certified 
by the Arts Commission, 2nd offense; (4) Conducting business in a disorderly, 
improper, hazardous manner by (a) threatening in writing a street artist and (b) 
threatening verbally, and disrupting the businesses of, street artists. 

Ms. Grundman was not present. She had been notified that failure to appear could 
result in a Street Artist Committee recommendation of the penalty for the violations 
of which she had been charged. 

Mr. Lazar clarified that, under the authority of the Arts Commission's Section 5 
procedures, the Director of Cultural Affairs had withheld the issuance or renewal of 
Ms. Grundman's certificate because of the charges of selling items not certified by the 
Commission and of conducting business in a disorderly, improper, hazardous 
manner/threatening and disrupting the businesses of street artists. Such charges, 
according to the language of the procedures, belong to the category of "serious 
violations" which are considered by the Commission to include "violations of a 
violent or threatening nature and violations that significantly threaten the integrity of 
the Street Artists Program. " 

Relative to these charges, the Program Director introduced as evidence the following 
documentary material and testimony of witnesses who responded to questions by the 
Commissioners: 

Leigh Ann Baughman, Executive Director of Union Square Business Improvement 
District, testified to having observed Ms. Grundman on November 12, 2002, selling 



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next to a fire hydrant on the southeast corner of Geary Street, at Stockton Street. Ms. 
Baughman further testified to having seen Ms. Grundman selling in other locations 
not designated by the Board of Supervisors. Mr. Lazar presented photographs of Ms. 
Grundman allegedly selling within five feet of the same fire hydrant on December 8, 
2002. 

The Program Director presented photographs of Ms. Grundman allegedly selling on 
November 10, 2002 in a location not designated by the Board of Supervisors: former 
temporary winter holiday space "Z-54" on Stockton Street, east side, at Geary Street. 
He stated that he had previously received reports from other artists who said that Ms. 
Grundman had been selling in the space many times. Mr. Lazar had verbally warned 
her against continuing to do so. As Ms. Grundman last year had been found in 
violation and had been suspended for selling in an illegal location, the present 
incident constituted a second offense. 

Mathew Porkola, Chairman of the Arts Commission's Advisory Committee of Street 
Artists and Craftsmen Examiners, testified to the written report, presented as 
evidence, that his committee had observed Ms. Grundman selling on November 16, 
2002, items not certified by the Commission. The report said they were "numerous 
mother of pearl and abalone non-artist made pendants suspended on non-adorned 
cords" which Ms. Grundman "declined to remove ..." Mr. Porkola further stated that 
this was one of numerous instances in which his committee had observed Ms. 
Grundman selling items that were not certified and not of her own creation. Mr. Lazar 
pointed out that, as Ms. Grundman last year had been found in violation and had been 
suspended for selling uncertified items, the present incident constituted a second 
offense. 

Mr. Lazar submitted a November 1, 2002 letter written by Ms. Grundman which 
stated: "One day I will loose my cool and smack Ms. Thing" (street artist Susan Pete). 
Former street artist Pamela Quattrochi testified to being in the space next to Albina 
Pietrzak on December 1, 2002 and witnessing Ms. Grundman harass and verbally 
threaten Ms. Pietrzak with the repeated words "You're going down." Street artist 
Barbara Michalak testified that Ms. Pietrzak, her 77-year-old mother, has a heart 
condition and, at the time of the incident, was recovering from heart surgery. Ms. 
Michalak also testified to having her own business disrupted many times during the 
course of the day of November 30, 2002, by Ms. Grundman. Street artist John 
Thomey testified to Ms. Grundman threatening him on October 19, 2002 with the 
statement "I am coming after you next" and disrupting a potential sale. Ms. Susan 
Pete corroborated Mr. Thomey's testimony and also described how she herself had 
been harassed on the same day by Ms. Grundman. 

The Commissioners heard testimony regarding other incidents of alleged violation by 
Ms. Grundman: 

Street artists Linda Hagen and Sean Yore testified to being harassed and threatened 
by Ms. Grundman on November 23, 2002 for a continuous five hours which resulted 
in their loss of business. They submitted photos of the incident that also depicted Ms. 
Grundman's table in an illegal location: the center of the sidewalk of Geary Street 
facing the Neiman-Marcus store. 

Street Artist Steve Kogan testified to a December 22, 2002 incident in which the 



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police had to be called to remove Ms. Grundman from the selling space ("Z-54") 
which belonged by lottery to Mr. Kogan and his unit member Ching Sun. After the 
police removed her, Mr. Kogan stated, Ms. Grundman thereafter "threatened" for the 
duration of the winter holiday season "that she was going to get us." 

The Commissioners ascertained that no one was present to speak in Ms. Grundman's 
defense. 

Commissioner Roth moved that Paula Grundman be found in repeated violations of 
the street artists ordinance by (1) selling within five feet of a fire hydrant; (2) selling 
in a location not designated by the Board of Supervisors, 2nd offense; (3) selling 
items not certified by the Arts Commission, 2nd offense; and (4) conducting business 
in a disorderly, improper, hazardous manner by (a) threatening in writing a street 
artist and (b) threatening verbally, and disrupting the businesses of, street artists. The 
motion was seconded by Commissioner Freebairn-Smith and unanimously approved. 

Commissioner Roth moved that issuance of a certificate to Ms. Grundman be denied; 
the motion was seconded by Commissioner Freebairn-Smith and unanimously 
approved. 

HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Benjamin Delgado - Certificate # 5670. Alleged violation: Selling items not of the 
artist's own creation. 

Mr. Delgado was not present. Program Director Lazar submitted a March 2 1 , 2003 
letter by Mr. Delgado which stated that he would not appear and that he wanted to 
accept the penalty for his violation and to have it commence as soon as possible. 

Mr. Lazar presented a November 30, 2002 written report by the Advisory Committee 
of Street Artists and Craftsmen Examiners with accompanying photographs of Mr. 
Delgado allegedly selling items not of his own creation: leather and cowrie shell 
bracelets, metal and metallic cord necklaces, and commercially manufactured 
pendants on cords. Mr. Lazar also presented a June 29, 2002 report by the Advisory 
Committee which stated that Mr. Delgado had been warned against continuing to sell 
commercially manufactured pendants; photos of his display of these items had 
accompanied the report. At the invitation of the Program staff, Mr. Delgado, on 
February 27, 2003, had submitted wares to the Advisory Committee for the purpose 
of verifying whether he had created the items observed by the Committee. Based on 
the samples he presented, the Advisory Committee could not verify that the items in 
question were of his own creation. 

Commissioner Roth moved that Benjamin Delgado be found in violation of the street 
artists ordinance by selling items not of his own creation; the motion was seconded 
by Commissioner Freebairn-Smith and unanimously approved. 

Commissioner Freebairn-Smith moved that the certificate of Mr. Delgado be 
suspended for a period of two months; the motion was seconded by Commissioner 
Roth and unanimously approved. 



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3. HEARING AND POSSIBLE MOTION TO APPROVE RESCISSION OF 
AMENDMENT TO LOTTERY RULE V WHICH PROHIBITS ANY 
LOTTERY COMMITTEE MEMBER WHO HAS SERVED TWELVE (12) 
MONTHS CONSECUTIVELY FROM BEING CONSIDERED AT THE NEXT 
TIME OF THE COMMITTEES SELECTION OF MEMBERS 

Lottery Committee members Kathleen Hallinan and Susan Pete expressed their 
support of rescinding the amendment. They explained that it was difficult to find 
street artists willing to serve on the Lottery Committee during slow season months, 
and that the present amendment to Lottery Rule V precluded any willing member 
who served for twelve consecutive months from continuing to serve. Ms. Hallinan 
explained the duties of the Lottery Committee members and the hours of service they 
entail. 

Commissioner Freebairn-Smith moved to approve rescission of the amendment to 
Lottery Rule V for the duration of one year subject to the rescission 's continuation 
unless a complaint warrants a new hearing on the issue. The motion was seconded by 
Commissioner Roth and unanimously approved. 

There being no report by the Program Director and no new business to consider, 
Commissioner Stermer adjourned the meeting at 4:20 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 

April 11, 2003 



[ ACCESSIBILITY INFORMATION | Street Artists Committee | Meetings Index ] 

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/•3 



^STREET ARTISTS COMMITTEE 
Wednesday, May 14, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70, San Francisco, California 



DOCUMENTS DEPT 
NOV 2 6 2003 

SAN FRANCISCO 
PUBLIC LIBRARY 



Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission 
office, 25 Van Ness Avenue, Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 
415-252-2581. 

Public comment in regard to specific items will be taken before or during consideration of the 
item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are 
prohibited at this meeting. Please be advised that the Chair may order the removal from the 
meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other 
similar sound producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or administrative 
action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and 
Governmental Conduct Code sections 2.100 - 2.160) to register and report lobbying activity. For 
more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van 
Ness Avenue, Suite 3900, San Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 
and web site: www.ci.sf.ca.us/ethics. 



Agenda 



I. HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Adriel Quintan a Loayza - Certificate # 5886. Alleged violations: (1) Selling items 
not certified by Arts Commission (woven thread bracelets; woven bead necklaces; 
fabricated silver pendants); (2) Selling items not of the artist's own creation (the 
above items plus South American-style fabricated metal, stone, bead necklaces and 
epoxy putty items); (3) Selling in a location not designated by the Board of 



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Supervisors. 

Section 5 of the Street Artists Ordinance allows the Director of Cultural Affairs to 
refuse to issue or renew a street artist certificate if charges have been filed alleging 
deception or violation of the Street Artists Ordinance. Under the Arts Commission's 
Section 5 procedures, the Director of Cultural Affairs may withhold the issuance or 
renewal of a street artist's certificate if the artist is charged with the violation of 
selling items not certified by the Arts Commission and/or selling items not of the 
artist's own creation. Such charges belong to the category of "serious violations" 
which are considered by the Commission to include "violations that significantly 
threaten the integrity of the Street Artists Program. " Because of the above charges, 
the issuance or renewal of Mr. Quintana Loayza 's certificate has been withheld 
pending hearing with the Street Artists Committee. 

2. HEARING AND POSSIBLE MOTION TO APPROVE FOR SUBMITTAL TO 
BOARD OF SUPERVISORS DRAFT ORDINANCE AMENDING THE 
POLICE CODE BY AMENDING SECTION 2405 TO MODIFY STREET 
ARTIST REGULATIONS 

On October 1, 2001, the full Arts Commission unanimously voted to to approve 
submittal of an ordinance to the Board of Supervisors to amend the street artist safety 
regulations of Section 2405(c)(6) and (c)(16) whereby a street artist display would be 
required to be not within 10 feet, instead of the present 12 feet, of the outer edge of a 
doorway or entrance and would be required to maintain 8 feet, instead of the present 
10 feet, of a pedestrian passageway . A draft ordinance incorporating these provisions 
will be heard by the Street Artists Committee for possible motion of approval for 
submittal to the Board of Supervisors. 



3. REPORT BY PROGRAM DIRECTOR 

4. NEW BUSINESS 

5. ADJOURNMENT 

[ ACCESSIBILITY INFORMATION | Street Artists Committee | Meetings Index ] 
May 2, 2003 



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m SAN FRANCISCO 
Ic ARTS COMMISSION 




STREET ARTISTS COMMITTEE 

Wednesday, May 14, 2003 
*/ 

3:00 p.m. 



DOCUMENTS DEPT. 
MAY 2 4 2003 



SAN FRANCISCO 
25 Van Ness Avenue, Suite 70, San Francisco, California 



Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission office, 25 
Van Ness Ave, Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415-252-2581 . 

^Minutes 

Commissioners Present: Dugald Stermer, Kirk Anderson, Denise Roth 

Commissioners Absent: Rod Freebairn-Smith 

Staff Present: Richard Newirth, Director of Cultural Affairs; Howard Lazar, Street Artists 
Program Director 

In attendance were street artists Linda Hagen, Enrique Perez, Adriel Quintana Loayza, Sean Yore 
Commissioner Stermer, Chair, called the meeting to order at 3: 1 1 p.m. 



I. HEARING AND POSSIBLE MOTION TO APPROVE ISSUANCE OF 
CERTIFICATE OR RENEWAL OF CERTIFICATE 

Adriel Quintana Loayza - Certificate # 5886. Alleged violations: (1) Selling items not 
certified by Arts Commission (woven thread bracelets; woven bead necklaces; fabricated 
silver pendants); (2) Selling items not of the artist's own creation (the above items plus 
South American-style fabricated metal, stone, bead necklaces and epoxy putty items); (3) 
Selling in a location not designated by the Board of Supervisors. 

Street Artists Program Director Howard Lazar clarified that, under the authority of the Arts 



5/21/03 9:12/ 



Commission's Section 5 procedures, the Director of Cultural Affairs had withheld the 
issuance or renewal of Mr. Quintana Loayza's certificate because of the charges of selling 
items not certified by the Commission and selling items not of the artist's own creation. 
According to the language of the procedures, such charges belong to the category of 
"serious violations" which are considered by the Commission to be "violations that 
significantly threaten the integrity of the Street Artists Program. " 

In reference to the first two charges, Mr. Lazar submitted as evidence photos he had taken 
of Mr. Quintana Loayza at Justin Herman Plaza on April 1st. The Program Director reported 
that, in a hearing just seven months previously, the Commissioners had found Mr. Quintana 
Loayza in violation of selling items not certified by the Commission and had issued him a 
warning "against selling any new item until it is approved. " In the present situation, while 
Mr. Quintana Loayza was able to successfully prove to the Commission's screening 
committee that he could make all of the items in the photos, he had still neglected to have 
the items screened and certified prior to the incident of violation. 

In reference to the third charge, Mr. Lazar submitted a photo he had taken of Mr. Quintana 
Loayza on Jefferson Street, south side, Mason to Taylor Streets, on Easter Sunday, April 
20th. Mr. Quintana Loayza was observed selling on an oversized table next to a group of 
illegal vendors - adjacent to the Wax Museum - in an area not designated by the Board of 
Supervisors. The Program Director also submitted a copy of the written warning he had sent 
Mr. Quintana Loayza on the previous December 13th for selling in a non-designated 
location. 

In summation, the Program Director recommended a withdrawal of the charge of selling 
items not of the artist's own creation but urged that the charge of selling uncertified items in 
the face of a warning remain. He recommended that the Commission's standard penalty of 
two months' suspension of certificate be imposed. He also recommended that a second 
warning be issued in reference to selling in a non-designated location. 

Street Artist Enrique Perez interpreted for Mr. Quintana Loayza. He said that Mr. Quintana 
Loayza admitted to the charge of selling uncertified items and asked that the Commissioners 
mitigate the penalties. Mr. Perez further stated that Mr. Quintana Loayza has resided in the 
United States for only a year and a half and that he was used to "a different mentality" in 
Peru. Mr. Perez said that he had explained to him how San Francisco's Street Artists 
Program works, but that Mr. Quintana Loayza was still confused about the reasons for the 
charges against him. 

Commissioner Stermer responded that Mr. Quintana Loayza had been involved in a similar 
situation last October, and that it was a long time for him to stay "confused". The 
Commissioner said that at that time his Committee had made its warning clear (through an 
interpreter and by letter) that Mr. Quintana Loayza would be allowed to sell only items 
which had been approved through the screening procedure. In view of the fact that the 
summer selling season was approaching, however, the Commissioner asked his Committee 
to consider the possibility of issuing Mr. Quintana Loayza a split two-month suspension 
whereby one half would be served as soon as possible, provided that the artist waived his 
right of appeal to the Board of Appeals, and the other half would be served after Labor Day. 

After lengthy discussion during which Mr. Quintana Loayza, through Mr. Perez, expressed 
interest in being able to sell during summer, Commissioner Anderson moved that Adriel 



2 of 4 



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Quintana Loayza be found in violation of selling items not certified by the Arts 
Commission; the motion was seconded by Commissioner Roth and unanimously approved. 

Commissioner Anderson moved that Mr. Quintana Loayza be found in violation of selling in 
a location not designated by the Board of Supervisors ; the motion was seconded by 
Commissioner Roth and unanimously approved. 

Commissioner Anderson moved that the certificate of Mr. Quintana Loayza be suspended 
for a period of two months for selling uncertified items, that half the suspension period be 
served as soon as possible provided that the artist waive his right of appeal to the Board of 
Appeals, and that the second half of the suspension period be served commencing the day 
after Labor Day; the motion was seconded by Commissioner Roth and unanimously 
approved. 

Commissioner Anderson moved that Mr. Quintana Loayza be issued a warning against 
selling in a location not designated by the Board of Supervisors; the motion was seconded 
by Commissioner Roth and unanimously approved. 

Mr. Perez stated that Mr. Quintana Loayza had decided to appeal to the Board of Appeals. 

Commissioner Roth moved that the previous motions regarding certificate suspension and 
warning be rescinded; the motion was seconded by Commissioner Anderson and 
unanimously approved. 

Commissioner Roth moved that the certificate of Mr. Quintana Loayza be suspended for a 
period of two months for selling items not certified by the Arts Commission, that the 
certificate be suspended for a period of three weeks for selling in a location not designated 
by the Board of Supervisors, and that the two suspension periods run consecutively; the 
motion was seconded by Commissioner Anderson and unanimously approved. 



II. HEARING AND POSSIBLE MOTION TO APPROVE FOR SUBMITTAL TO 
BOARD OF SUPERVISORS DRAFT ORDINANCE AMENDING THE POLICE 
CODE BY AMENDING SECTION 2405 TO MODIFY STREET ARTIST 
REGULATIONS 

Program Director Lazar reported that the City Attorney's office clarified that, since the Arts 
Commission had previously voted to approve submittal of an ordinance amending the street 
artist regulations, it was not necessary for the Commission to vote its approval of the 
ordinance draft. 

The Commissioners reviewed the draft and observed that it contained the following two 
provisions requested by the Commission: (1) amendment of Section 2405(c)(6) whereby a 
street artist display would be required to not be within 1 feet, instead of the present 1 2 feet, 
of the outer edge of a doorway or entrance; and (2) amendment of Section 2405(c)(16) 
whereby a street artist display would be required to maintain 8 feet, instead of the present 1 
feet, of a pedestrian passageway. 



III. REPORT BY PROGRAM DIRECTOR 



5/21/03 9:12 A 



The Program Director reported on his presentation of the Commission's proposal for 
additional street artist spaces on Jefferson Street at a meeting of the Fisherman's Wharf 
Merchants Association. Street Artists Kathleen Hallinan and Oscar Bevilacqua had assistec 
in the presentation and had responded to questions by the merchants. The three will again 
present the proposal at next week's meeting of the Port Commission's Fisherman's Wharf 
Advisory Committee. 

There being no new business to consider, Commissioner Stermer adjourned the meeting at 
3:55 p.m. 

Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 



[ ACCESSIBILITY INFORMATION | Street Artists Committee [ Meetings Index ] 



May 16,2003 



4 of 4 



S/21 



il^ 



/ ? 3 



_S__F_ 
A C 



SAN FRANCISCO 
ARTS COMMISSION 



^STREET ARTISTS COMMITTEE 
Wednesday, June 11, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70, San Francisco, California 



DOCUMENTS DEPT. 
JUN - 9 2003 



SAN FRANCISCO 
PUBLIC LIBRARY 



, , , 09-03P02:01 

Notices 

Explanatory documents are available for public inspection and copying at the Arts Commission office, 25 
Van Ness Avenue, Suite 60, San Francisco, CA 94102 during regular business hours. Tel: 415-252-2581 . 

Public comment in regard to specific items will be taken before or during consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are 
prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room 
of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound producing 
electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or administrative action may 
be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental 
Conduct Code sections 2.100 - 2.160) to register and report lobbying activity. For more information about 
the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site: www.ci.sf.ca.us/ethics. 

Agenda 



I HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD OF 
SUPERVISORS FOR PERMANENT DESIGNATION OF RELOCATED ELEVEN 
(11) SELLING SPACES ("H-ll" THROUGH "21") ON HYDE STREET, WEST 
SIDE, BEACH TO JEFFERSON STREETS 

On May 17, 1999, the Board of Supervisors adopted Resolution No. 455-99 which relocated 
on a temporary basis eleven selling spaces from the east side of Hyde Street at Beach Street 
to the west side of Hyde Street due the displacement of the spaces by the renovation of the 
Haslett Warehouse (Wharfside Building). The eleven relocated spaces are known to street 
artists as spaces "H-ll" through "21 ". In authorizating their relocation, the resolution 
provided that their placement on the west side of the street would terminate upon 
completion of the renovation of the Haslett Warehouse and restoration of the spaces to the 
east side of the street. It is the understanding of the staff of the Arts Commission that the 



6/4/03 9:12/ 



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renovation is scheduled for completion in August, 2003. 

Because of interest expressed by many street artists, the purpose of the Street Artists 
Committee's hearing is to determine whether the Arts Commission should request the Board 
of Supervisors to designate the spaces permanently in their present locations or to allow the 
spaces to return to their former locations on the east side of Hyde Street. 

II. HEARING AND POSSIBLE MOTION TO APPROVE REQUEST TO BOARD OF 
SUPERVISORS FOR PERMANENT DESIGNATION OF RELOCATED SIX (6) 
SELLING SPACES ("J-l", "1-A f , "1-B", "2", "3" AND "4") ON HYDE STREET, 
WEST SIDE, AT JEFFERSON STREET 

On July 16, 2001, six selling spaces on Jefferson Street, south side, at Hyde Street, were 
displaced by the renovation of the Haslett Warehouse (Wharfside Building) and relocated, 
with agreement of the National Park Service, to the west side of Hyde Street at Jefferson 
Street, fronting Victorian Park. The six spaces are known to street artists as "J-l ", "1-A ", 
"1-B", "2", "3" and "4". 

Because of interest expressed by many street artists, the purpose of the Street Artists 
Committee's hearing is to determine whether the Arts Commission should request the Board 
of Supervisors to designate the spaces permanently in their present location or to allow the 
spaces the return to their former locations on the south side of Jefferson Street. 

III. HEARING AND POSSIBLE MOTION TO AMEND "PROCEDURES FOR SALES 
SPACE OCCUPANCY RULE" TO REQUIRE STREET ARTISTS TO MARK 
THEIR SPACES BY EITHER ATTACHING THEIR LOTTERY SLIP TO A 
WORKING PART OF THEIR DISPLAY (INCLUDING UMBRELLA OR CHAIR) 
OR TO TAPE THE SLIP TO THE PAVEMENT; AND TO CONTINUE TO 
PROHIBIT ARTISTS FROM ATTACHING THEIR SLIP TO A BOARD, BRICK, 
OR OTHER OBJECT NOT OF THE ARTIST'S WORKING DISPLAY 

The procedures regarding the street artists' selecting and occupying sales spaces were 
adopted by the Arts Commission on December 2, 1985 and further amended on June 2 and 
December 1, 1986. The procedures state that if an artist cannot be present and set up in 
his/her space by 12:00 noon, the artist "must leave part of their working display with the 
lottery slip attached to show clearly that the artist intends to return and work that space. A 
brick, milk box, board, etc., does not constitute a part of the working display" (Street Artists 
Program handbook, Fifth Edition, February, 1998, page 216). 

IV. REPORT BY PROGRAM DIRECTOR 



V. NEW BUSINESS 
VI. ADJOURNMENT 

[ ACCESSIBILITY INFORMATION | Street Artists Committee | Meetings Index ] 

2 of 3 



ACCESSIBILITY INFORMATION 

Pursuant to City Policy and the requirements of the 1973 Rehabilitation Act and the 1990 Americans with 
Disabilities Act, all City agencies will make reasonable accommodations to the needs of persons with 
disabilities. 

Full Commission Meetings, and individual Committee Meetings of the Arts Commission will be held at 25 
Van Ness Avenue, San Francisco, located on the corner of Oak and Van Ness, suite 70, basement level, 
unless another site is specified. Suite 70 can be accessed by the two main elevators in the lobby of the 
building. 

Accessible seating for persons with disabilities, including those in wheelchairs, will be available. 

Accessible curbside parking has been designated on Oak Street between Van Ness Avenue and Franklin 
Street. 

Accessible MUNI lines that serve this location are: 

J, K, L, M, and N Trains: stopping at Van Ness and Market, one-half block 

from the building. 
9, 26, and 42 Buses: serving the area of Van Ness and Market. 
Civic Center BART: located at the intersection of Grove, Hyde, and Market Streets 

For more information on accessible transit, call (415) 923-6142. 

In order to assist the city's efforts to accommodate individuals with severe allergies, environmental illness, 
multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other 
attendees may be sensitive to various chemical based products. Please help the city to accommodate these 
individuals. 

American Sign Language interpreters and/or a sound enhancement system will be available upon request at 
meetings. To obtain a disability-related modification or accommodation, including auxiliary aids or 
services, please contact Michele Liapes, Public Information Officer at (415) 252-2559 at least 72 hours 
prior to meeting. Late requests will be honored if possible. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 
(Chapter 67 of the San Francisco Administrative Code) 

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, 
boards, councils, and other agencies of the City and County exist to conduct the people's business. This 
ordinance assures that deliberations are conducted before the people and that City operations are open to 
the people's review. 

For more information on your rights under the Sunshine Ordinance or to report a violation of the 
ordinance, contact Donna Hall: By Mail to Administrator, Sunshine Ordinance Task Force , 1 Dr. Carlton 
B. Goodlett Place, Room 244, San Francisco 94102, by phone at (415) 554-7724, by fax at (415) 554-7854 
or by email at Donna Hall@sfgOV.org . Citizens interested in obtaining a free copy of the Sunshine 
Ordinance can request a copy from Ms. Hall or print Chapter 67 of the San Francisco Administrative Code 
on the internet at www.sfgov.org/bdsupvrs/sunshine.htm 

4/03 



■Mgre^m*™™*™™*™**.^.*^*,, 



sfac: July 09, 2003 



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STREET ARTIST COMMITTEE 

Wednesday, July 9, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




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o3 



^Agenda 

1 . Hearing and possible motion to approve request to Board of Supervisors for 
permanent designation of relocated eleven (11) selling spaces ("H-1 1" 
through "21") on Hyde Street, west side, Beach to Jefferson Streets 

(continued from 6/1 1 /03 Street Artists Committee meeting) 

On May 17, 1999, the Board of Supervisors adopted Resolution No. 455-99 
which relocated on a temporary basis eleven selling spaces (known as "H-11" 
through "21") from the east side of Hyde Street at Beach Street to the west 
side of Hyde Street due to the displacement of the spaces by the renovation of 
the Haslett Warehouse (Wharfside Building). In authorizing their relocation, 
the resolution provided that their placement on the west side of the street 
would terminate upon completion of the renovation of the Haslett Warehouse 
and restoration of the spaces to the east side of the street. The renovation is 
scheduled for completion in August, 2003. 

Because of interest expressed by many street artists, the purpose of the Street 
Artists Committee's hearing is to determine whether the Arts Commission 
should request the Board of Supervisors to designate the spaces permanently 
in their present locations or to allow the spaces to return to their former 
locations on the east side of Hyde Street. 

2. Hearing and possible motion to approve request to Board of Supervisors for 
permanent designation of relocated six (6) selling spaces ("J-1", "1-A", "1-B", 
"2", "3" and "4") on Hyde Street, west side, at Jefferson Street (continued 
from 6/11 /03 Street Artists Committee meeting) 

On July 16, 2001, six selling spaces on Jefferson Street ("J-1", "1-A", "1-B", "2", 
"3" and "4"), south side, at Hyde Street, were displaced by the renovation of 
the Haslett Warehouse (Wharfside Building) and relocated, with agreement of 
the National Park Service, to the west side of Hyde Street at Jefferson Street, 
fronting Victorian Park. Because of interest expressed by many street artists, 
the purpose of the Street Artists Committee's hearing is to determine whether 
the Arts Commission should request the Board of Supervisors to designate the 
spaces permanently in their present locations or to allow the spaces to return 
to their former locations on the south side of Jefferson Street. 

3. Hearing and possible motion to approve issuance of certificate or renewal of 



DOCUMENTS DEPT. 
NOV 2 6 2003 

SAN FRANCISCO 
PUBLIC LIBRARY 



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11/26/2003 



A 



sfac: July 09, 2003 Page 2 of 3 



certificate 

Mohamed Ahmed - Certificate #5877. Alleged violations: (1) Having a 
salesperson sell Mr. Ahmed's items; (2) Selling items not of the artist's own 
creation (bead and wire chokers from Africa; cast rings; silver and stone 
flower-pattern inlay bracelets from Mexico). 

Section 5 of the Street Artists Ordinance allows the Director of Cultural 
Affairs ro refuse to issue or renew a street artist certificate if charges have 
been filed alleging deception or violation of the Street Artists Ordinance. 
Under the Arts Commission's Section 5 procedures, the Director of Cultural 
Affairs may withhold the issuance or renewal of a street artist's certificate if 
the artist is charged with the violations of having a salesperson and/ or selling 
items not of the artist's own creation. Such charges belong to the category of 
"serious violations" which are considered by the Commission to include 
"violations that significantly threaten the integrity of the Street Artists 
Program." Because of the above charges, the issuance or renewl of Mr. Ahmed's 
certificate has been withheld pending hearing with the Street Artists 
Committee. 

Miguel Sanchez - Certificate #5898 (expired May 30, 2003). Alleged 
violation: Selling in a location not designated by Board of Supervisors (second 
report). 

Section 5 of the Street Artists Ordinance allows the Director of Cultural 
Affairs to refuse to issue or renew a street artist certificate if a second report 
has been filed alleging "minor violation" of the ordinance. In such instances, 
the artist is offered the opportunity of meeting with the Program Director to 
discuss the report and to request consideration of issuance of certificate. 
Because Mr. Sanchez chose not to meet with the Program Director, the 
decision to recommend denial of certificate or renewl is to be heard by the 
Street Artists Committee. 

4. Program Director Report 

5. New Business 

6. Adjournment 

July 2, 2003 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar -415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person (s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 



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sfac: July 09, 2003 



Page 3 of 3 



administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



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sfac: July 9, 2003 Meeting Cancelled 



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Mee tings >> Street Artists Committee Me etings 



San Francisco^Arts Commission 



July 9, 2003 Meeting Cancelled 



3 
/If J 



STREET ARTIST COMMITTEE 
Wednesday, July 9, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



ft^e^d<^ 



•■? 



Meeting Cancelled 



DOCUMENTS DEPT. 
DEC - 6 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



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12/6/2004 



sfac: August 13, 2003 



Page 1 of 2 




sfgov | citizen | business | government | visitor | online services | search 
go ! 
Meetings >> Street Artists Committee Meetings 



San Franciscq,Arts Commission 



August 13, 2003 



r 



STREET ARTIST COMMITTEE 

Wednesday, August 13, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



^.Agenda 

Hearing and possible motion to approve request to Board of Supervisors for 
permenent designation of relocated eleven (11) selling spaces ("H-1 1" 
through "21") on Hyde Street, west side, Beach to Jefferson Streets 
(continued from 6/1 1/03 Street Artists Committee meeting) 

On May 17, 1999, the Board of Supervisors adopted Resolution No. 455-99 
which relocated on a temporary basis eleven selling spaces (known as "H-11" 
through "21") from the east side of Hyde Street at Beach Street to the west 
side of Hyde Street due to the displacement of the spaces by the renovation of 
the Haslett Warehouse. In authorizing their relocation, the resolution 
provided that their placement on the west side of the street would terminate 
upon completion of the renovation of the Haslett Warehouse and restoration 
of the spaces to the east side of the street. The renovation is scheduled for 
completion in August, 2003. 

Hearing and possible motion to approve request to Board of Supervisors for 
permanent designation of relocated six (6) selling spaces ("J-1", "1-A", "1-B", 
"2", "3", and "4") on Hyde Street, west side, at Jefferson Street (continued 
from 6/1 1/03 Street Artists Committee meeting) 

On July 16, 2001, six selling spaces on Jefferson Street, south side, at Hyde 
Street, were displaced by the renovation of the Haslett Warehouse and 
relocated, with agreement of the National Park Service, to the west side of 
Hyde Street at Jefferson Street, fronting Victorian Park. 

Hearing and possible motions to approve issuance of certificate or renewal 
of certificate 

Mohamed Ahmed - Certificate #5877. Alleged violations: (1) Having a 
salesperson sell Mr. Ahmed's items; (2) Selling items not of the artist's own 
creation. 

Because of the above charges, the issuance or renewal of Mr. Ahmed's 
certificate has been withheld pending hearing. 

Miguel Sanchez - Certificate #5898. Alleged violation: Selling in a location not 
designated by Board of Suprevisors 




DOCUMENTS DEPT 
NOV 2 6 2003 

SAN FRAN. 
PUBLIC LIBRA! fi 



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ll/2(>/2(MH 



sfac : August 1 3 , 2003 Page 2 of 2 



Because Mr. Sanchez chose not to meet with the Program Director on the 
above second -time violation, the decision to recommend denial of certificate 
or renewal is to be heard by the Street Artists Committee. 

4. Program Director Report 

5. New Business 

6. Adjournment 

August 5, 2003 



I 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web si te. 



contact us | accessibility policy | disclaimer | privacy policy 
Copyright © 2003 City & County of San Francisco. All rights reserved. 



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sfac: August 13 



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r SFCOV 



GOVERNMENT 



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"go ! 
Meetings >> Street Artists Committee Meetings 



sanfronctsco 



^£an Franciscojkrts Commission 



August 13 



' 



STREET ARTIST COMMITTEE 

Wednesday, August 13, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




Minutes 



1. Roll Call 



DOCUMENTS DEPT. 
NOV 2 6 2003 

SAN FRANCISCO 
PUBLIC LIBRARY 



Members present: Commissioners Dugald Stermer, Anne Brauer, Rod 

Freebaim-Smith 

Member absent: Commissioner Denise Roth 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 

Program Director Howard Lazar, Certification Clerk Antoinette Worthy 

In attendance were Supervisory Park Ranger John Cunnane of S F Maritime 
Historic Park; Mr. J. Barry Pollard, General Manager of Argonaut Hotel; and 
street artists Mohamed Ahmed, Oscar Bevilacqua, Linda Hagen, Kathleen 
Hallinan, and Sean Yore. 

Commissioner Stermer, Chair, called the meeting to order at 3:15 p.m. and 
stated that Items 2 and 3 would be heard simultaneously. 

2. Hearing and possible motion to approve request to Board of Supervisors for 
permanent designation of relocated eleven (11) selling spaces ("H-1 1" 
through "21") on Hyde Street, west side, Beach to Jefferson Streets 
(continued from 6/11/03 Street Artists 

Committee meeting) 

3. Hearing and possible motion to approve request to Board of Supervisors for 
permanent designation of relocated six (6) selling spaces ("J-1", "1-A", "2", 
"3", and "4") on Hyde Street, west side, at Jefferson Street 

(continued from 6/11/03 Street Artists Committee meeting) 

As per the directive of the Committee on June 11, 2003, Program Director 
Howard Lazar presented a proposal for the return and relocation of the Hyde 
Street and Jefferson Street spaces based on his negotiations with 
representatives of S F Maritime (National Park Service), the Argonaut Hotel, 
and street artists. He presented maps showing the present temporary locations 
of the spaces due to the construction of the hotel and maps of proposed new 
sites for the spaces. The proposal called for (a) seven spaces to remain in their 
locations on the west side (Victorian Park side) of Hyde Street; (b) fourteen 
spaces to return to the east side (hotel side) of Hyde Street but to be arranged 
so that the windows of the hotel and the S F Maritime Visitors Center would not 



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be blocked; and (c) the return of four of the six spaces to Jefferson Street to 
be arranged close to the entrance of The Cannery and away from the entrances 
of the hotel and its restaurant and to be set two feet apart from each other to 
accommodate two trees. 

With respect to the four Jefferson Street spaces, the Program Director related 
that the fourth space which was to be on the very edge of The Cannery's 
entrance recently met with strong opposition from The Cannery's management. 
The Program Director proposed to move it west of the other three spaces, 
which would bring it six feet from the hotel restaurant's entrance; and this met 
with strong opposition from the hotel's management. He then proposed to add 
the space to the seven on the west side of Hyde Street, just south of the 
stairway to the cablecar turnaround; but this, too, was opposed by S F 
Maritime personnel who wanted the view of, and access to, the park free of 
street artists from the stairway northward. The net result, he said, was that 
the street artists were now going to lose not two but three of their long-time 
Jefferson Street spaces - three of the most prime selling spaces at the Wharf. 
In addition, the artists were going to lose a space on the opposte side of the 
hotel (Beach Street side) due to its proximity to a recently created fire exit. 

Supervisory Park Ranger John Cunnane stated that the Visitors Center was 
expected to attract 500,000 visitors a year. While, at the last meeting of the 
Street Artists Committee, he had requested that the Center's three windows on 
hyde Street be kept clear of the street artists so that visitors could enjoy an 
unobstructed view of the park and harbor, two of the three windows were now 
going to be obstructed by the Center's exhibits; therefore, there was now room 
for the placement of one, if not two, street artist spaces to be added to the 
fourteen on the east side of Hyde Street. He went on to say that the 252- 
room, four-star hotel and its Visitors Center should attract more business for 
the street artists than when the building existed as a vacent warehouse. 

Commissioner Stermer, on behalf of his Committee, thanked Mr. Cunnane for 
his cooperation and good will. 

Mr. J. Barry Pollard, General Manager of the Argonaut Hotel, stated that the 
hotel was scheduled for opening on August 18th and that he still approved of 
the plan he had agreed upon with Mr. Lazar, Mr. Cunnane, and the street artist 
representatives. He endorsed the idea of moving the Jefferson Street space 
opposed by The Cannery to the east side of Hyde Street. 

Commissioner Stermer thanked Mr. Pollard, also, for his cooperation and good 
will. 

Street Artist Oscar Bevilacqua, who had participated in the negotiations with S 
F Maritime and the hotel, stated that he has been int he Street Artists Program 
for twelve years and has observed that there is less pedestrian traffic on Hyde 
Street than on Jefferson Street, and therefore the relocation of two Jefferson 
Street spaces to the east side of Hyde Street would not compensate for their 
loss of value on Jefferson Street. The loss, however, could be mitigated if one 
of the spaces were added to the seven on the west side of Hyde which was 
almost comparable in value to Jefferson Street. He went on to say that before 
the hotel had commenced construction, the artists had been told that they 
would get back their six spaces on Jefferson Street. 

Mr. Cunnane stated that S F Maritime wanted to keep the west side of Hyde 
Street, from the stairway northward, clear of street artists because of the 
historic and aesthetic value of the Hyde/Jefferson intersection of park, harbor, 
Hyde Street Pier, historic ships, and Vistors Center. 



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Mr. Pollard suggested that the enormous signs of the hotel and restaurant 
located above the east side of Hyde Street might attract more foot traffic for 
the artists. 

Street Artist Linda Hagen asked that, since the artists were losing three choice 
spaces, an area be explored where the three could be relocated. 

Street Artist Kathy Hallinan, who had participated in the negotiations, stated 
that she preferred the west side of Hyde Street because of the shelter and 
shade of the park's trees afforded to her for painting her leather products. 
Nevertheless, she appreciated the offer of two additional spaces on the east 
side of Hyde. 

Commissioner Freebaim-Smith enquired whether there was merit in having the 
spaces that were relocated to North Beach continue in North Beach, as the 
neighborhood, he said, had gotten used to the artists. 

Ms. Hagen responded that she and street artist Sean Yore have sold in the 
relocated spaces next to Washington Square, but that these do not replace in 
value the spaces at the Wharf. 

Commissioner Freebaim-Smith moved to approve a request to the Board of 
Supervisors for permanent designation of the relocated seven (7) spaces ("H- 
15" through "21") on Hyde Street, west side, Beach to Jefferson Streets, and 
permanent designation of sixteen (16) spaces "H-1" through "14" and "H-22" and 
"23") on Hyde Street, east side, Beach to Jefferson Streets; the motion was 
seconded by Commissioner Brauer and unanimously approved. 

Commissioner Brauer moved to delete three (3) spaces ("J-2", "3", and "4") from 
Jefferson Street, south side, Hyde to Leavenworth Streets, and to approve a 
request to the Port Commission for the relocation of three (3) spaces ("J-1", 
"1-A" and "1-B") on Jefferson Street, south side, Hyde to Leavenworth Streets, 
and the relocation of the the three deleted spaces ("J-2", "3", and "4") 
elsewhere on Port property; the motion was seconded by Commissioner 
Freebaim-Smith and unanimously approved. 

4. Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Mohamed Ahmed - Certificate 5877 (expired July 8, 2003). Alleged 
violations: (1) Having a salesperson sell Mr. Ahmed's items; (2) Selling items not 
of the artist's own creation. 

Program Director Lazar submitted as evidence photographs and a written 
report by the Advisory Committee of Street Artists and Craftsmen Examiners 
relative to the display of Mohamed Ahmed on May 10, 2003. According to the 
report, Mr. Ahmed had a "salesperson" who "assured the Committee that" the 
"seed bead and wire chokers" displayed on Mr. Ahmed's table "were from 
Africa'." The report went on to observe that the cast rings displayed on Mr. 
Ahmed's table did not appear to be made by him. In addition, the "silver and 
stone flower pattern inlay bracelets" also on display were "stamped 'Alpaca, 
Made in Mexico'. " The report concluded that "more than 50% of" Mr. Ahmed's 
"display was in blatant violation of street artist guidelines. " 

Mr. Lazar reminded the Commissioners that, in a hearing which preceded a 
certificate suspension served by Mr. Ahmed, the Street Artists Committee on 
February 1, 2001 had warned Mr. Ahmed that any further incident of his selling 



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sfac: August 13 Page 4 of 6 



items not of his own creation would warrant revocation of his certificate, and 
Mr. Ahmed had promised the Commissioners that he would obey the rules. The 
warning was reiterated in a decision letter sent to him by the Program 
Director. 

Mr. Lazar went on to report that, after issuance of the warning and prior to the 
recent May 10th incident, the Advisory Committee monitored Mr. Ahmed on 
June 8 and 29, 2002 selling "a large number of beaded bracelets which he 
admits were not of his own making ...He was asked to remove anything he 
didn't make, though all items were still on display when we left. " Mr. Lazar 
presented photos of these incidents taken by the Advisory Committee. 

Given the evidence of these repeated alleged violations, the Program Director 
recommended that Mr. Ahmed not be issued a renewal of his certificate nor a 
new certificate. 

Mr. Ahmed told the Commissioners that on the day in question he went to lunch 
and left his display to be watched by a nearby unlicensed vendor. When he 
returned, he saw that the vendor had moved his table next to his, thereby 
giving the impression to the Advisory Committee that the vendor was selling 
Ahmed's work. Mr. Ahmed went on to say that the vendor would have liked to 
come with him to the hearing "but he thought it would look like it's a 
fabrication." 

Responding to questions by Commissioners Stermer and Freebaim-Smith, Mr. 
Ahmed stated that the photos depicted his (Ahmed's) table; however, the rings 
shown in the photos belonged to the unlicensed vendor. He added that the 
Advisory Committee saw his display while he was away and that, when the 
Committee revisited the display while he was present, he did not have time to 
speak to the Committee and defend himself. 

Commissioner Stermer stated that Mr. Ahmed was not allowed to have someone 
sell his work and that the variety of items on his table for which he was not 
licensed to sell was "extraordinary" which justified the Program Director's 
recommendation of denial of certification. 

Commissioner Freebaim-Smith stated that it was Mr. Ahmed's responsibility to 
have immediately addressed the problem of the unlicensed vendor's table 
allegedly placed next to his, that he should have moved the table away and 
explained to the Advisory Committee what allegedly had happened. Mr. 
Ahmed's activities were unfair to the other street artists in the Program. 

Commissioner Freebaim-Smith moved that Mohamed Ahmed be found in 
violation of the street artists ordinance by having a salesperson sell Mr. 
Ahmed's items and by selling items not of his own creation; the motion was 
seconded by Commissioner Brauer and unanimously approved. 

Commissioner Brauer moved that issuance or renewal of a certificate for Mr. 
Ahmed be denied; the motion was seconded by Commissioner Freebaim-Smith 
and unanimously approved. 

Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Miguel Sanchez- Certificate #5898 (expired May 30, 2003). Alleged violation: 
Selling in a location not designated by the Board of Supervisors. 

Program Director Lazar submitted as evidence photographs he had taken of Mr. 



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sfac: August 13 Page 5 of 6 



Sanchez allegedly selling his items in an illegal location - Jefferson Street, 
south side, Mason to Taylor Streets - on a highly significant, prime selling day 
at the Wharf: Easter Sunday, April 20, 2003. The incident followed a written 
warning sent by the Program Director to Mr. Sanchez for selling in an illegal 
location on December 23, 2002, based on a Police Incident Report which had 
stated that "Sanchez ignored" the officer's "order to stop selling, and continued 
to do so. He made three more sales in front of" the officer, telling him that 
"they were donations." This resulted in Mr. Sanchez's arrest and release at the 
police station with a warning that if he again made illegal sales, he would be 
arrested and booked rather than cited." 

Due to the nature of such violations, Mr. Sanchez was given the opportunity to 
meet with the Program Director and commit to obeying all the rules, rather 
than having his certificate withheld pending a hearing with the Street Artists 
Committee. Mr. Sanchez, however, chose to ignore the invitation, and the April 
20th incident was boosted to the Street Artists Committee for a hearing on a 
recommendation to deny issuance of certificate. 

Mr. Sanchez was not present. 

Commissioner Freebairn-Smith moved that Miguel Sanchez be found in 
violation of the street artists ordinance by selling in a location not designated 
by the Board of Supervisors; the motion was seconded by Commissioner Brauer 
and unanimously approved. 

Commissioner Brauer moved that issuance or renewal of a certificate for Mr. 
Sanchez be denied; the motion was seconded by Commissioner Freebairn-Smith 
and unanimously approved. 

6. Program Director's Report 

Program Director Lazar reported on the following: 

On July 30, 2003, the Board of Appeals mitigated the Arts Commissions two- 
months and three-weeks suspension of the certificate of Adriel Quintana 
Loayza to a three-week suspension commencing September 15th, with an 
additional two-week suspension to be held in abeyance pending a six month 
probation period. 

The Board of Supervisors passed the Arts Commission's legislation which will 
allow street artists to maintain a ten-foot distance from doorways, instead of 
the previous requirement of twelve feet, and to maintain an eight-foot 
pedestrian passageway, instead of the previous ten feet, thereby making the 
street artist public safety regulations consistent with those for the charitable 
solicitors. 

The Program Director received a June 25, 2003 letter from the staff of the Port 
of San Francisco stating that it would not support the Arts Commission's 
proposal for additional street artist spaces on Jefferson Street, Mason to Powell 
Streets, due to objections raised by the Port's merchant tenants. One of the 
objections was concern over the artists' increased competition to existing 
businesses. 

Finally, the Arts Commission's legislation to increase the street artist 
certificate fee, for the first time in twelve years, is scheduled for hearing by 
the Finance Committee of the Board of Supervisors on September 17th. 

7. New Business 



11/26/2003 



sfac: August 13 

Street artists Linda Hagen and Sean Yore asked that the Commission consider 
pursuing locations for street artists along The Embarcadero. 

8. Adjournment 

There being no further business, the meeting was adjourned at 4:22 p.m. 

HL August 22, 2003 



I 1 

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Meetings >> Street Artists Committee Meetings 



San Francisco Arts Commission 



November 12, 2003 



STREET ARTIST COMMITTEE 

Wednesday, November 12, 2003 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




^Agenda 

1 . Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Jian Jin Chen - Certificate #5798. Alleged violations: (1) Selling items not of 
the artist's own creation (stone rings and animal-link faux silver bracelets); (2) 
Selling items not certified by Arts Commission (commercially manufactured 
pendants with minimal knotting). 

Because of the above charges of serious violations of the street artists 
ordinance, the issuance or renewal of Mr. Chen's certificate has been withheld 
pending hearing. 

2. Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Zhong Ru Fang - Certificate #4557. Alleged violation: Selling items not of the 
artist's own creation (commercially manufactured pendants on unadorned 
cords). 

Because of the above charge of serious violation of the street artists 
ordinance, the issuance or renewal of Mr. Fang's certificate has been withheld 
pending hearing. 

3. Program Director Report 

4. New Business 

5. Adjournment 



DOCUMENTS DEPT. 
NOV 2 6 2003 

SAN FRANCISCO 
PUBLIC LIBRARY 



November 3, 2003 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 



http://sfgov.org/site/sfacjpage.asp?id=204 1 3 



11/26/2003 



stac: November 1 2, 2003 Page 2 of 2 



business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



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sfac: November 12, 2UU3 Fage i or j 



SFGOV 



GOVERNMENT 



san francisco 



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Meetings » Street Artists Committee Meetings 



^^San Franciscc^Arts Commission 

£ November 12, 2003 

^STREET ARTIST COMMITTEE 

Wednesday, November 12, 2003 



> 



3:00 p.m. 




25 Van Ness Avenue, Suite 70 

g _____ 

O DOCUMENTS DEPT. 



q ^ Minutes 



NOV 2 6 2003 



1. Roll Call 



SAN FRANCISCO 
Members present: Commissioners Dugald Stermer, Anne Brauer, Rod PUBLIC LIBRARY 

Freebaim-Smith, P. J. Johnston, Denise Roth 

Member absent: None 

Staff present: Director of Cultural Affairs Richard Newirth; Street Artists Program 
Director Howard Lazar 

Commissioner Stermer, Chair, called the meeting to order at 3:05 p.m. 
Hearing and possible motion to approve issuance of certificate or renewal 
of certificate 

Jian Jin Chen - Certificate #5798. Alleged violation: (1) Selling items not of the 
artist's own creation (stone rings and animal-link faux silver bracelets); (2) Selling 
items not certified by Arts Commission (commercially manufactured pendants 
with minimal knotting). 

Because of the above charges of serious violations of the street artists 
ordinance, the issuance or renewal of Mr. Chen's certificate was withheld 
pending hearing with the Street Artists Committee. \ 

Program Director Lazar reported on the alleged violations (incidents of May 10 
and June 21, 2003) and submitted, as evidence, notes and a photo taken by the 
Advisory Committee of Street Artists and Craftsmen Examiners. The 
Commissioners observed that Mr. Chen had received four previous warnings 
during the years 2001 and 2002 and observed accompanying photos of Mr. 
Chen's display relative to one of the warnings. 

In response to questions by Commissioners Stermer and Roth, Mr. Chen, 
through interpreter Ms. Jenny Louie, stated that he did not dispute the charges 
and that he understood that he could sell only work that he made himself. In 
English, he admitted that he had broken the rule. 

Commissioner Freebaim-Smith moved that Jian Jin Chen be found in violation of 
the street artists ordinance by selling items not of his own creation and selling 
items not certified by the Arts Commission; the motion was seconded by 
Commissioner Brauer and unanimously approved. 



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stac: November 12, 2003 rage 2 < 



Commissioner Brauer moved that Mr. Chen's certificate be suspended for a 
period of the two months of January and February, 2004; the motion was 
seconded by Commissioner Johnston and unanimously approved. 

3. Hearing and possible motion to approve issuance of certificate or renewal 
of certificate 

Zhong Ru Fang - Certificate #4557. Alleged violation: Selling items not of the 
artist's own creation (commercially manufactured pendants on unadorned cords). 

Because of the above charge of serious violation of the street artists ordinance, 
the issuance or renewal of Mr. Fang's certificate was withheld pending hearing 
with the Street Artists Committee. 

Program Director Lazar reported on the alleged violation (incidents on June 15 
and 21 , 2003) and submitted, as evidence, notes and a photo taken by the 
Advisory Committee of Street Artists and Craftsmen Examiners. The 
Commissioners observed that Mr. Fang had receivied, during the years 1996 
through 2002, five warnings: two written warnings from the Program Director and 
three verbal warnings from the Advisory Committee. The Commissioners also 
examined photos taken of Mr. Fang's display relative to these incidents (one 
photo showing his display of commercially manufactured silver rings). 

Mr. Fang, through interpreter Mr. Brian Chen, stated that, according to the Arts 
Commission's requirements, his items complied; futhermore, he did not 
understand the warnings issued to him. He submitted to the Commissioners 
samples of his pendant jewelry. 

Program Director Lazar explained how the samples, with their use of 
commercially manufactured pendants and an insufficient amount of artistic 
application to the cords, did not meet with the Commission's requirements which 
insist that the artist significantly cover the cord with beads or knotting and that the 
pendant be used as an integral part of, and subordinate to, the necklace's 
design. Mr. Lazar cited the names of several street artists who have receivied 
approval by the Advisory Committee for meeting these requirements. 

Mr. Lazar further pointed out that the Advisory Committee, in citing Mr. Fang, had 
stated that his pendants were displayed on "unadorned cords" - which were not 
the same items he was showing to the Commissioners. 

Commissioner Johnston commented that Mr. Fang, in receiving his first 
warning six years before, had had ample time to request help in understanding 
the warning. - ; 

Commissioner Stermer commented that Mr. Fang, in initially submitting his wares 
to the Advisory Committer for licensing, had been shown what he could and 
could not sell. 

The following motions were translated to Mr. fang, as well as the directive from 
the Commissioners that he submit any new item for approval before he attempts 
to sell it: 

Commissioner Roth moved that Zhong Ru Fang be found in violation of the street 
artists ordinance by selling items not of his own creation; the motion was 
seconded by Commissioner Brauer and unanimously approved. 

Commissioner Roth moved that Zhong Ru Fang be found in violation of the street 
artists ordianance by selling items not certified by the Arts Commission; the 
motion was seconded by Commissioner Brauer and unanimously approved. 



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sfac: November 12, 2003 Page 3 of 3 



Commissioner Roth moved that Mr. Fang's certificate be suspended for a period 
of the two months of January and February, 2004, and that the renewal of his 
certificate be conditioned on his submitting all wares he intends to sell to the 
Advisory Committee of Street Artists and Craftsmen Examiners; the motion was 
seconded by Commissioner Johnston and unanimously approved. 

Commissioner Stermer clarified that Mr. Fang was allowed to sell only the work 
he had been approved to sell prior to and after his certificate's suspension. 

4. Program Director's Report 

Program Director Lazar reported on the recent enactment of the new street artist 
certificate fees, the first street artist fee increase in over twelve years. He further 
reported on the Commission's submittal to the Board of Supervisors of a request 
for additional temporary winter holiday selling spaces on behalf of the street 
artists. This was the twenty-second consecutive annual request. 

Commissioner Stermer thanked Executive Director Linda Mjellem and the Union 
Square Association for their cooperation in obtaining more selling opportunities 
for the street artists during the winter holiday season. 

There being no further business, the meeting was adjourned at 4:00 p.m. 
Respectfully submitted: 



Howard Lazar * 

Street Artists Program Director 



contact us | accessibility policy | disclaimer | privacy policy 
Co pyr ight © 2003 City & County of San Francisco. All rights reserved. 



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sfac: February 1 1 , 2004 Page 1 of 2 



Meetin gs >> Street Artists Committee Meeting s 



San Francisco Arts Commission 



February 1 1 , 2004 



.STREET ARTIST COMMITTEE 

Wednesday, February 1 1 , 2004 
25 Van Ness Avenue, Suite 70 DOCUMENTS DEPT. 

AUG 1 2004 



SAN FRANCISCO 

^Agenda public library 

1 . Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Jennifer Clement - Certificate #7019 (expired 12/26/03). Alleged violations: 

(1) Selling in a location not designated by Board of Supervisors, 2nd incident; 

(2) exceeding display length, width, and height regulations, 2nd incident; (3) 
having a salesperson; (4) refusing to cease selling in an illegal location, 
exceeding display regulations, and having a salesperson. 

Because of the above 3rd and 4th charges of serious violations of the street 
artists ordinance, the issuance or renewal of Ms. Clement's certificate has 
been withheld pending hearing. 

2. Hearing and possible motion to approve proposal by Program Director to 
request Board of Supervisors for permanent designation of temporary 
winter holiday spaces "Z-45", "Z-46", and "Z-47" (formerly known as "FAO 
Schwartz spaces") (Stockton Street, east side, at O'Farrell Street) to replace 
spaces "S-0", "S-00", and "S-000" (Stockton Street, west side, at O'Farrell 
Street) 

3. Hearing on street artist proposal to amend Lottery Procedure for assigning 
selling spaces by (1) eliminating the Downtown and Wharf lotteries system 
and replacing it with a single lottery system held on Tuesday, Thursday, and 
Saturday with sign-up days on Monday, Wednesday, Friday, and Sunday; (2) 
eliminating the mini-lottery as well as the unofficial "mini-mini lottery" for 
unassigned spaces and replacing these lotteries with an allocation of 
unassigned spaces by ranking order of lottery numbers beginning with the 
lowest number; (3) allowing Lottery Committee members and helpers to 
enter the lottery and receive a number, allowing for the free selling space 
they receive for working to be considered as a first use of their number 

4. Program Director's Report 

5. New Business 

6. Adjournment 



February 3, 2004 



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!• 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



I 



http://sfgov.org/site/sfac_page.asp?id=23337 8/1 0/2004 



fac: February 11,2004 



Page 1 of 5 




(gov i dl\j busing tor j on 



Meetings >> Street Artists Committee Meetings 

^an Francisco^Arts Commission 
February 11, 2004 



STREET ARTIST COMMITTEE 

Wednesday, February 1 1 , 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 




DOCUMENTS DEPT. 
FEB 2 5 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



1. Roll Call 



Members present: Commissioners Dugald Stermer, Rod Freebaim-Smith, P. J. 
Johnston 

Members absent: Commissioners Anne Brauer, Denise Roth 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar, Certification Clerk Evelyn Russell 

In attendance were street artists Michael Addario, John Ammann, James Billy, 
Matilde Cheng, Robert Clark, William Clark, Linda Hagen, Brian Hopper, Dolores 
Kalom, Dikran Knoble, Vivian Lee, Sharon MacDougall, Enrique Perez, Jimmy 
Sha, Alithea Shuey, George Shuey, Edward Steneck, Matt Summers, Sean Yore. 

Commissioner Stermer, Chair, called the meeting to order at 3:12 p.m. and 
took the agenda items in the following order: 

2. Program Director's report 

Program Director Howard Lazar submitted copies of recently received news 
articles on the Street Artists Program: a February 2, 2004 article entitled "San 
Francisco's Other Street Issue: The Storeless' " by Katie Vaughn of Stanford 
University's newspaper The Cardinal Inquirer and an April 26, 2003 article 
entitled "San Francisco Arts and Crafts" by Robert K. Liu of Ornament 
magazine, acknowledging the Street Artists Program as the springboard for the 
successful business of former street artists Kelley Ladas and Peter Wiley. 

The Program Director further reported on the certificate fee increase, the first 
in over twelve years, which commenced November 10, 2003, and the next 
increase which has been approved to commence July 1 , 2004. 

3. Hearing on street artist proposal to amend lottery procedure for assigning 
selling spaces by (1) eliminating the Downtown and Wharf lotteries system 
and replacing it with a single lottery system held on Tuesday, Thursday, and 



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Saturday with sign-up days on Monday, Wednesday, Friday, and Sunday; (2) 
eliminating the mini-lottery as well as the unofficial "mini-mini lottery" for 
unassigned spaces and replacing these lotteries with an allocation of 
unassigned spaces by ranking order of lottery numbers beginning with the 
lowest number; (3) allowing Lottery Committee members and helpers to 
enter the lottery and receive a number, allowing for the free selling space 
they receive for working to be considered as a first use of their number 

Street Artist William Clark explained his proposal, highlighting the following 
points: (1) Under the present system, there are twenty-six lotteries - main, 
mini, and "mini-mini" lotteries - per week, not counting noontime lotteries and 
other lotteries throughout the day, requiring the efforts of forty helpers and 
Lottery Committee members per week; whereas the new proposal would 
require only thirty-onehelpers and members per week. (2) The proposal would 
open nine new spaces a week to other artists who have the lowest numbers in 
the lottery, making for a total of 468 prime spaces available for the year. (3) 
All lotteries would be at 9:00 a.m. (no longer 9:00 and 9:30), eliminating the 
present confusion over lottery times for the various days. (4) Two sign-up 
tables (one for Downtown spaces, the other for Wharf spaces) would 
simultaneously accommodate the artists signing in for the two selling areas, 
reducing the length of time of the present lottery and sign-up procedure. (5) 
For artists saving their numbers to obtain spaces on the following day, there 
would no longer be a time-consuming mini lottery but an allocation of the 
spaces in ranking order of the numbers, lowest to highest, receivied by the 
artists at the previoys day's lottery. (6) If a space were to be vacated and 
become available, there would no longer be the practice of holding a lottery 
and requiring a winning artist to use or "burn" his/her lottery number, as the 
space would be given to the artist holding the lowest number from the previous 
lottery. (7) Lottery Committee members would be allowed to choose a space in 
either Downtown or Wharf areas, no longer being restricted to the area of the 
particular lottery they conduct. 

Commissioner Freebaim-Smith asked those who would testify to address the 
following questions: Which lottery system achieves the greatest balance, or 
democracy, for the artists? Which is the simplest, most direct, most easily 
managed system? Which is the least susceptible to corruption? 

The following artists voiced opposition to the proposal: James Billy, Edward 
Steneck, Sharon MacDougall, Dik Knoble, Dolores Kalom, Sean Yore, Michael 
Addario, George Shuey, Brian Hopper, Jimmy Sha, Matt Summers. The 
following comments were made: (1) The present system works well and is not 
complicated; if there were to be any changes made, there should be one 
lottery per day. (2) Whenever the proposal has arisen in the past, the street 
artists rejected it and the commissioners understood the importance of having 
two separate lotteries. (3) The present system is especially important to single 
certificate-holders by allowing them to enter both lotteries in order to work 
both days of a lottery period - for example, Saturday Downtown and Sunday at 
the Wharf. (4) The proposal takes away the artists' opportunities. (5) The 
elimination of the mini lotteries and the usage of main lottery numbers for all 
mini sign-ins will punish an artist with a high (poor) number many times 
throughout an entire lottery period, and such an artist will not have a chance 
at the leftover spaces. (6) An unlucky streak of poor weekend numbers can 
present an artist from working the entire season - especially a crucial season 
like summer. (7) Problems will arise from the proposed system, such as two 
lists of incoming number slips engendered by two sign-in tables and the 
resulting difficulty in discerning numbers that have been used. (8) Difficulties 
inherent in the present system have been remedied over the years, making for 
a system that works well. (9) Under the proposed system, an artist who 



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fac: February 1 1 , 2004 Page 3 of 5 

receives a poor number for the Wharf on Saturday cannot work that day and 
could face the loss of a weekend of revenue; whereas, under the present 
system, the artist can work Downtown. (10) While the proposed system offers 
only one more days selling per year, the present system offers more 
opportunities due to three Downtown lotteries and three Wharf lotteries per 
week and mini and "mini-mini" lotteries which are "list extensions." (11) While 
the present system involved many rules and penalties and is due for an 
overhaul, the proposed system does not ensure more fairness - for example, 
50% of the artists have less chance of obtaining a viable space than they do 
under the present system. (12) The present system plugs up loopholes of 
unfairness because of its built-in safeguards. (13) Under the present system, a 
single certificate-holder with a poor number can still get a viable space by 
using a "mini-mini" lottery number. (14) The proposed system will not be 
beneficial all year round because, during some seasons, it is difficult to get the 
required three helpers to do the work of the lottery; furthermore, the proposal 
will confuse new street artists who might join the Lottery Committee. (15) 
Under the present two-lottery system, it is possible for an artist to leave at 
9:45 a.m. and get to work, whereas a one-lottery system will delay artists to 
11:00 a.m. 

Street Artist Linda Hagen addressed several problems resulting from the 
present lottery system which included the practice of certain artists signing in 
for Downtown and the Wharf at the same time. She said that the enw proposla 
will correct some of the problems. 

Street Artist Edward Steneck submitted a petition of 105 signatures in 
opposition to the proposal 

Street Artist Robert Clark supported the proposal as follows: (1 ) The last time 
Mr. Steneck submitted a petition opposing a proposal by the Clarks, the 
petitioners found that they benefited from the measure. (2) The new proposal 
does not change the procedure for artists to obtain spaces on the second day of 
a lottery period: the artists holding numbers have priority over artists who used 
their numbers on the previous day. (3) Under the present system, a single 
artist is up against family units who have two-to-one odds against him in 
obtaining a space; single artists should laud the new proposal because it 
increases their odds. (4) By eliminating the number of lottery helpers during 
the year, more spaces are yielded for all the artists; and the more choices of 
spaces an artist has, the more the artist's lottery number increases in value. 

Street Artist William Clark rebutted the opporition as follows: (1 ) Under the 
proposed system, an artist will have a choice of working in a space either 
Downtown or at the Wharf. (2) If the artists want to change the system to a 
daily lottery system, it will require an amendment by the Board of Supervisors; 
the proposed system, on the other hand, avoids having to go to the 
Supervisors. (3) By combining the two lotteries, the odds of obtaining a space 
are increased for artists receiving high numbers. 

Commissioner Stermer commented that some of the artists seem to say that 
the present system is working well and if it isn't broken, it shouldn't be fixed; 
while others seem to say that it's partially broken but that the new proposal 
will not fix it. He urged the artists, in their discussions, to consider ways to fix 
what requires fixing. 

Commissioner Johnston commented that the opponents state that the key 
benefit of the present lottery system is that it increases the artists' opportunity 
to obtain spaces, and that the dual- location lottery system provides some level 
of ability to address different needs of the artists. 



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Commissioner Stermer requested that the item be continued for two months. 
He urged both sides to meet, to keep an open mind, and to produce an 
agreement for submittal to the Commissioners. 

Commissioner Johnston stated that, given the current amount of resistance to 
the proposal, it was not just the Commissioners whom the Clarks needed to 
persuade; it was incumbent upon them to persuade the majority of the artists 
that the proposal will increase their opportunities and will improve the 
efficiency of the present system itself. It was important that the people who 
will have to live with the new system will accept it. 

Program Director Lazar urged both sides, in their communication, to produce 
visual graphs or charts illustrating levels of opportunity in obtaining spaces 
during a given week under the present system and under the proposed system. 
Such illustrations, he said, would be useful for the Commissioners as well. 

Commissioner Freebaim-Smith concurred and stated that, during the hearing, 
he had attempted to diagram the two systems. 

4. Hearing and possible motiont to approve proposal by Program Director to 
request Board of Supervisors for permanent designation of temporary 
winter holiday spaces "Z-45", "Z-46", and "Z-47" 

Program Director Lazar requested that the item be continued to the following 
month because the leasing agent of property fronting the proposed spaces was 
unable to attend today's hearing. 

Commissioner Stermer stated that the item would be continued to the next 
meeting of the Street Artists Committee. 

5. Hearing and possible motion to approve issuance or renewal of certificate 

Jennifer Clement - Certificate #7019 (expired December 26, 2003). Alleged 
violations: (1) Selling in a location not designated by the Board of Supervisors, 
2nd incident; (2) exceeding display length, width, and height regulations, 2nd 
incident; (3) having a salesperson; (4) refusing to cease selling in an illegal 
location, exceeding display regulations, and having a salesperson. 

Ms. Clement was not present. 

In presenting the case, Program Director Lazar stated that, because of the 3rd 
and 4th charges of serious violations of the street artists ordinance, the 
issuance or renewal of Ms. Clement's certificate was withheld pending hearing 
by the Street Artists Committee, 

The Commissioners studied the following documents: (1) the Program Director's 
December 11, 2003 "Inspector's Logbook" describing the first incident of Ms. 
Clement's alleged selling in an illegal space with an oversized display on Market 
Street during the winter holiday selling season; (2) the "NOTICE OF WARNING" 
sent to Ms. Clement on December 12, 2003: (3) the December 22, 2003 
"Inspector's Logbook" describing the second incident of Ms. Clement's alleged 
selling in an illegal space with an oversized display and this time having a 
salesperson and refusing the Program Director's numerous requests for her to 
cease the violations; (4) the "NOTICE OF WITHHOLDING OF CERTIFICATE" and 
the "NOTICE OF HEARING" sent to Ms. Clement on January 20, 2004. 

Commissioner Freebaim-Smith moved that Jennifer Clement be found in 



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;fac: February 1 1 , 2004 Page 5 of 5 

violation of the street artists ordinance by selling in a location not designated 
by the Board of Supervisors, 2nd incident, by exceeding the display length, 
width, and height regulations, 2nd incident, by having a salesperson, and by 
refusing to cease selling in an illegal location, exceeding display regulations, 
and having a salesperson; the motion was seconded by Commissioner Johnston 
and unanimously approved. 

Commissioner Freebairn-Smith moved that issuance or renewal of certificate 
for Jennifer Clement by denied; the motion was seconded by Commissioner 
Johnston and unanimously approved. 

6. New business 

Street Artist William Clark stated that, relative to the hearing on the Program 
Director's request for permanent designation of spaces "Z-45", "46" and "47", he 
was under the impression that previously Macy's had indicated agreement on a 
request for permanent designation of spaces "Z-48", "49" and "50"; Mr. Clark 
asked that the Program Committee consider this as well at the upcoming 
hearing. 

Commissioner Stermer requested that both proposals of spaces be listed on 
the next agenda. 

There being no further business, the meeting adjourned at 4:30 p.m. 



Respectfully submitted: 



^l/fiWlAjL 




Howard Lazar 

Street Artists Program Director 



February 23, 2004 



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ac: March 10, 2004 Meeting Cancelled Page 1 of 1 



Meetings >> Str eet A rtists Comm ittee Meetings 



San Francisco Arts Commission 



March 10, 2004 Meeting Cancelled 



STREET ARTIST COMMITTEE 

Wednesday, March 10, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



DOCUMENTS DEPT. 



f /^*, AUG 10Z004 

Notice of Cancellation of Meeting san francisco 

f PUBLIC LIBRARY 

The regular meeting of the Street Artist Committee of the San Francisco Arts 
Commission scheduled for March 10, 2004, has been cancelled. 



March 9, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://sfgov.org/site/sfac_page.asp?id=23336 8/10/2004 



c: April 14, 2004 Page 1 of 2 

?eting s >> Street Artists Committee Meetings 

San Francisco Arts Commission 



r 



April 14, 2004 



STREET ARTISTS COAAMITTEE 

Wednesday, April 14, 2004 

, RU KI 3:0 A 0p - m - c - f 7n DOCUMENTS DEPT. 

25 Van Ness Avenue, Suite 70 



^ Agenda 

1 . Hearing and possible motion to approve proposal by Program Director to 
request Board of Supervisors for permanent designation of temporary 
winter holiday spaces "Z-45", "Z-46", and "Z-47" (formerly known as "FAO 
Schwartz spaces") (Stockton Street, east side, at O'Farrell Street) to replace 
spaces "S-0", "S-00", and "S-000" (Stockton Street, west side, at O'Farrell 
Street) (continued from 2/11/04 meeting) 

2. Hearing and possible motion to approve street artist proposal to amend 
lottery procedure for assigning selling spaces by (1) eliminating the 
Downtown and Wharf lotteries system and replacing it with a single lottery 
system held on Tuesday, Thursday, and Saturday with sign-up days on 
Monday, Wednesday, Friday, and Sunday; (2) eliminating the mini-lottery as 
well as the unofficial "mini-mini lottery" for unassigned spaces and replacing 
these lotteries with an allocation of unassigned spaces by ranking order of 
lottery numbers beginning with the lowest number; (3) allowing Lottery 
Committee members and helpers to enter the lottery and receive a number, 
allowing for the free selling space they receive for working to be considered 
as a first use of their number (continued from 2/1 1 /04 meeting) and 
(additional provision submitted 3/9/04) (4) allowing helperships received 
through the lottery to be for the same lottery period of the following week 



3. Program Director Report 

4. New Business 

5. Adjournment 



AUG 1 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



Revision Date 



Notices 



http://sfgov.org/site/sfac_page.asp?id=23917 8/10/2004 

A 



siac: April 14, 2UU4 if age 211 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://sfgov.org/site/sfac_page.asp?id=239 1 7 8/1 0/2004 



c: April 14.2004 



Page 1 of 1 2 




- • „• 



etings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
April 14, 2004 



STREET ARTISTS COMMITTEE 

Wednesday, April 14, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 




1. Roll Call 



DOCUMENTS DEPT. 
MAY - 5 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



Members present: Commissioners Dugald Stermer, Anne Brauer, Rod 
Freebairn-Smith 

Member absent: Commissioner P. J. Johnston 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program 

Director Howard Lazar, Certification Clerk Evelyn Russell 

In attendance were Street Artists Michael Addario, Rona Barnes, Linda Hagen, 

Barbro Haglund, Brian Hopper, Dolores Kalom, Dik Knoble, Sharon MacDougall, 

Enrique Perez, Jimmy Sha, Alithea Shuey, George Shuey, Edward Steneck, 

Matt Summers, Sean Yore; Ms. Lorna Feria representing Madison Marquette, 

building managers; Ms. Paula Datesh Grundman and Attorney Ananda J. Norn's. 

Commissioner Stermer, Chair, called the meeting to order at 3:20 p.m. and 
took the agenda items in the following order: 

2. Program Director's report 

Program Director Howard Lazar reported on having received a petition of 

twenty- 
five street artist signatures urging the Arts Commission to adopt a policy 

requiring 

that any proposal to change a street artist regulation, rule, or procedure be 

submitted by twenty-five or forty street artist signatures supporting it in order 
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sfac: April 14,2004 Page 2 of 1! 

for 

the Commission and/or the Street Artists Committee to hear the proposal. The 

Program Director requested the City Attorney's office for a response as to 
whether 

the Commission has the authority to adopt such a policy. 



Street Artists Linda Hagen and Sean Yore expressed opposition to the proposed 
policy. 

At the request of the Chairman and the street artists present, the Program 
Director 

read aloud the wording of the petition. 

3. Hearing and possible motion to approve proposal by Program Director to 

request Board of Supervisors for permanent designation of temporary 
winter 

holiday spaces "Z-45", "Z-46", and "1-47" (formerly known as "FAO 

Schwartz spaces") (Stockton Street, east side, at O'Farrell Street) to 

replace spaces "S-0", "S-00", and "S-000" (Stockton Street, west side, at 

O'Farrell Street) (continued from 2/11/04 meeting) 

Program Director Lazar reported that the proposed bus zone eliminating spaces 
"S-0", "S-00", and "S-000" was scheduled to be created two years ago but did 
not occur. Last January he was informed by the Department of Parking and 
Traffic that the bus zone was again about to be created and that the street 
artists had to vacate the three spaces. Now, three months later, DPT informed 
him that the project was being re-evaluated and that, until further notice, the 
artists could resume using the spaces. 

Relative to this, the Program Director further reported that, two years ago, he 
had proposed permanent designation of two former winter holiday spaces 
adjacent to Macy's Men's Store contingent upon the elimination of the above 

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sfac: April 1 4, 2004 Page 3 of 1 2 

three spaces by the bus zone. Macy's had consented to this proposal, and 
the full Arts Commission had approved it. Honoring the conditions of Macy's 
consent, the Program Director had refrained from submitting the proposal to 
the Board of Supervisors pending the bus zone's creation. 
Because many artists had recently requested that three former winter holiday 

spaces adjacent to the former FAO Schwartz building be permanently desig- 
nated in place of the three bus zone spaces, the Program Director requested 
that the Commissioners hear from the artists as to whether they preferred 
these over the two "Macy's spaces". 

Street Artist Enrique Perez expressed preference for the two "Macy's spaces". 

Commissioner Stermer asked if anyone present disagreed with Mr. Perez's 
preference. No one disagreed. 

Ms. Lorna Feria, representing Madison Marquette, manager of the building 
which formerly housed FAO Schwartz, stated that her company had 38,000 
square feet to fill and would prefer that the artists not be in front of the 
building with the exception of during the winter holiday season. 

The Commissioners clarified that, in the event of the bus zone's creation, the 
proposal previously approved by the Commission for permanent designation 
of the two "Macy's spaces" would be the measure for submission to the 
Board of Supervisors. 



4. Hearing and possible motion to approve street artist proposal to amend 



7/sftrnv nra/site/sfar naw acr»9iH=9A9 < ;<\ /i/OA/OAA/t 



stac: April 14,2004 Page 4 of 

lottery procedure for assigning selling spaces by (1) eliminating Downtown 

and Wharf lotteries system and replacing it with a single lottery system 

held on Tuesday, Thursday, and Saturday with sign-up days on Monday, 

Wednesday, Friday, and Sunday; (2) eliminating the mini-lottery as well 

as the unofficial "mini-mini lottery" for unassigned spaces and replacing 

these lotteries with an allocation of unassigned spaces by ranking order 

of lottery numbers beginning with the lowest number; (3) allowing Lottery 

Committee members and helpers to enter the lottery and receive a 
number, 

allowing for the free selling space they receive for working to be 
considered 

as a first use of their number (continued from 2/11 /04 meeting) and 
(additional 

provision submitted 3/9/04) (4) allowing helperships received through the 

lottery to be for the same lottery period of the following week 

The authors of the proposal, Street Artists William and Robert Clark, were not 
present. 

Program Director Lazar explained the recently received fourth provision of the 
proposal and reported that the artists with whom he had spoken on the street 
had expressed favor of the provision. 

Street Artist Edward Steneck clarified that, while the Clarks had added it to 
their 

proposal, the fourth provision had been authored by Street Artist Rich Trager. 

Commissioner Stermer expressed his appreciation to the artists for 
relinquishing 

a selling day to attend the meeting and express their feelings on the issues. 
The Commissioner asked for a show of hands of those persons in favor of all 
four provisions of the proposal. No hand was held up. He asked for a show of 

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fac: April 14, 2004 Page 5 of 12 

hands in favor of the first three provisions. No hand was held up. He 
ascertained 

that several artists were in favor of the fourth provision. 

Street Artists Edward Steneck and Linda Hagen spoke in favor of the fourth 

provision as a means of increasing helpership opportunity for those street 

artists who work only on weekends. 

The following artists voiced opposition to the first three provisions: Rona 

Barnes, Dolores Kalom, Barbro Haglund, George Shuey, and Edward Steneck. 

The following comments were made: (1) The provision for a Friday sign-up day 

would preclude artists who have other weekday jobs from obtaining a good 

space on Saturday. (2) The proposal was flawed and incomplete. (3) The 

present lottery system was running well, was not "broken", and there was no 

reason therefore to change it. (4) The present dual lottery system, rather 

than the proposed single lottery system, provided more opportunity for the 

artists to obtain good spaces and less opportunity to scam the rules. (5) 

Elimination of the present unofficial "mini-mini lottery" could be done without 

adoption of the proposal and would prevent artists from signing in to two 

spaces on a given day. 

Mr. Steneck read a rebuttal which he and Street Artist Sharon MacDougall 

wrote to the Clarks' proposal. The rebuttal cited the present system's 

allowance for a single license-holder to enter both lotteries in order to work 

both days of a lottery period - for example, Saturday in the Downtown area 

and Sunday at the Wharf - and this made up for the ability of a two-member 

family unit, two numbers, which "usually" obtains "a decent space on both 

days of a lottery period." The argument went on to criticize the proposal's 

"rotation system of" an artist's "main number for all mini sign-ins" as 
complicated 



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-■• 



and problematic for keeping track of numbers that have been used. 
Mr. Steneck presented a poster he prepared showing "a street artist's 
chances of getting a good space during a lottery period." The poster showed 
that, under one combined lottery, there would be one chance; under two 
separate lotteries (one for Downtown, one for the Wharf), there would be two 
chances. 

Commissioner Stermer asked that a hearing and possible motion be held at 
the next meeting on the issue of providing for a daily mini lottery and 
eliminating the unofficial "mini-mini lottery". 

Street Artist Michael Addario volunteered to write up a proposal on these 
issues for submittal to the Program Committee. 

Commissioner Stermer expressed his appreciation of William and Robert Clark 
as "clear ... smart ... innovative thinkers"; to find such opposition to a 
proposal of theirs, which had withstood the test of two months of discussion, 
was surprising to him. 

Commissioner Freebaim-Smith stated that the element of notice for the street 
artists was crucial for anything the Committee was expected to vote on. He 
observed that the consensus int the room was that the fourth provision of the 
proposal was a good idea. He questioned whether the Committee would be 
missing a minority voice which had not been informed. 
Commissioner Stermer responded that he did not feel the Committee's action 
would be a rush to judgment, and that he felt that everyone in the Street 
Artists Program who cared about the issue had known about the hearings. 



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Commissioner Freebairn-Smith moved to disapprove the following three 
provisions of the proposal to amend the lottery procedure for assigning 
selling spaces: (1) eliminating the Downtown and Wharf lotteries system and 
replacing it with a single lottery system held on Tuesday, Thursday, and 
Saturday with sign-up days on Monday, Wednesday, Friday, and Sunday, (2) 
eliminating the mini-lottery as well as the unofficial "mini-mini lottery" for 
unassigned spaces and replacing these lotteries with an allocation of un- 
assigned spaces by ranking order of lottery numbers beginning with the 
lowest number, (3) allowing Lottery Committee members and helpers to 
enter the lottery and receive a number, allowing for the free selling space 
they receive for working to be considered as a first use of their number; the 
motion was seconded by Commissioner Brauer and unanimously approved. 

Commissioner Freebairn-Smith moved to approve the following fourth 
provision of the proposal to amend the lottery procedure for assigning 
selling spaces: (4) allowing helperships receivied through the lottery to be 
for the same lottery period of the following week; the motion was seconded 
by Commissioner Brauer and unanimously approved. 



5. New Business 



Street Artist Linda Hagen inquired about the status of the painting of the 
Hyde 

Street spaces that were to be relocated to the east side of the street. 



Street Artist Michael Addario spoke against the artists' move to the east side of 



4/26/2004 



sine: April 14.2004 Page 8 (j: 

the street because of its difficult wind conditions and the continuous exhaust of 
curbside tour buses idling their engines. 



Street Artist Enrique Perez asked when former winter holiday spaces "Z-3" and 
"Z-4" were going to be made permanent. The Program Director responded that 
the project was on his list for the drafting and submittal of legislation to the 
Board of Supervisors. 



Ms. Ananda Norris identified herself as an attorney on behalf of former 
certificate-holder Paula Datesh (Grundman) and requested a hearing for a 
reinstatement of her client's street artist certificate. She explained that 
Ms. Datesh had been in custody at the time the Street Artists Committee 
heard the charges against her (and voted to not renew her certificate). 

Program Director Lazar informed the Commissioners that the City Attorneys 
office investigated this issue and clarified that the Arts Commission was not 
obligated to provide such a hearing, as the Commission had notified Ms. 
Norris's client at the address she had consistently given the Program. 

Ms. Norris stated that when the notice was mailed, her client was in custody. 

Commissioner Stermer stated that, whether or not the Commission was 



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ic: April 14, 2004 Page 9 of 12 

legally obligated, a hearing to consider reinstatement of Paula Datesh 
Grundman's certificate should be calendared; he asked the Program Director 
to do so. 



Street Artist Sean Yore submitted a written proposal to the Committee to 
calendar a hearing for a motion to eliminate the sale of all prints from the 
Street Artists Program within thirty days. 

The Program Director stated that he had previously received the proposal, and, 
because it raised a question about possible liability for the Arts Commission, he 
had submitted it to the City Attorney's office for clarification. 

Commissioner Stermer recalled his Committee's hearings on prints and stated 
that, while the subject was a complex "minefield", he was not inclined to 
favor eliminating the sale of prints from the Street Artists Program. 

Upon the Commissioner's verbalizing the text of Mr. Yore's proposal, Street 
Artist Dik Knoble and others expressed outrage and asked that the proposal 
not be calendared. 

Street Artist Edward Steneck countered Mr. Yore's written assertion that 
there was no enforcement of the prints-labels criteria by stating that each 
time the Program Director has come to Mr. Steneck's display, as well as to 
the displays of others, he has examined the backs of all of the prints to verify 



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stac: April 14,2004 



Page 10 F, ■--. 



than 



their labels. As for the cases of violation submitted by Mr. Yore, Mr. Steneck 
said that the Program Director adjudicated the cases. 

Mr. Lazar clarified that, out of twenty-one complaints submitted by Mr. Yore 
on various types of alleged violations, he acted on fifteen of them by way of 
sending written warnings and notices of withholding of certificates and by 
sitting as a hearing officer in two cases disputing the charges that ultimately 
were withdrawn due to a lack of preponderance of evidence. 

Commissioner Freebaim-Smith stated that, after years of attending prints 
auctions of Pacific Book Auction, he was told by the auctioneer that the law 
could be quoted ad infinitem but that what was needed was an enforcement 
vehicle. Furthermore, there were such bizarre cases of fraud in the world of 
printmaking that it was extremely difficult to enforce this area. The Commis- 
sioner went on to say that it was up to the consumers to be extremely 
careful about what they were buying. Given the limited resources of the 
Street Artists Program, he invited anyone to come forward with a proposed 
fair enforcement mechanism which would be reasonable and less draconian 

the elimination of prints. 

At the request of Mr. Steneck, Commissioner Stermer questioned Mr. Yore as 
to the purpose of his proposal. Responding to the Commissioner's questions, 
Mr. Yore stated that he himself sells prints, that the elimination of prints 
would not help him, but that he saw "other issues besides'' his "immediate 
economic interest." 



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| lC : April 14,2004 Page 11 of 12 

Commissioner Stermer stated that he appreciated Mr. Yore's concern but that 
his proposed solution was far too drastic for the Commissioner to calendar. 
His Committee, however, would be willing to hear proposals for better methods 
of enforcing. 

Commissioner Brauer ascertained that Mr. Yore attended the hearings on two 
of his complaints and was aware of the enforcement process taking place. 



Street Artist Linda Hagen stated that the Program had only one person, the 
Program Director, to do the enforcing, and that it was not possible for him to 
be in the three major street artist locations at the same time. Mr. Yore had 
attempted to furnish reports of violations. 

Street Artist George Shuey stated that he was a board member of the 
California Society of Printmakers and that for the Street Artists Program to 
venture into the issue of prints constituted a gray area which would make 
it increasingly difficult to define. 

Commissioner Stermer reiterated his position of not wishing to eliminate prints 
from the Street Artists Program and of his willingness to hear proposals for 
improved enforcement given the Program's limited resources. 



6. Adjournment 



There being no further business, the meeting adjourned at 4:45 p.m. 



4/26/2004 



sfac: April 14,2004 



Respectfully submitted: 



Page 12 of I : 



Howard Lazar 



Street Artists Program Director 



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httD://sfeov.or2/site/sfac Dase.asn?id=?4?SS 



Anf.nc\c\A 



of i: 



fac: May 12, 2004 Page 1 of 2 



Meetings » Street Artists Committee Meetings 



San Francisco Arts Commission 

' * 






May 12, 2004 

^STREET ARTISTS COMMITTEE 

Wednesday, May 12, 2004 

3:00 p.m. DOCUMENTS DEPT. 

25 Van Ness Avenue, Suite 70 

AUG 1 2004 

SAN FRANCISCO 

^Agenda PUBLIC library 

1 . Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by providing for a daily secondary 
lottery for the same area (Wharf or Downtown) of selling spaces; providing 
for secondary lottery to commence immediately upon completion of 
assignment of spaces from the main lottery; providing for red lottery slips 
for secondary Wharf lottery and green lottery slips for secondary Downtown 
lottery; and immediate termination of the practice of conducting unofficial 
"mini-mini lotteries" 

2. Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by requiring lottery workers to 
indicate on the sign-up sheet the following abbreviations of arts/crafts: "pt" 
for portraits, "pr" for prints, "ph" for photography 

3. Program Director report 

4. New business 

5. Adjournment 



May 5, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items wilt be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person (s) responsible for the ringing or use of a 



http://sfgov.org/site/sfac_page.asp?id=24575 8/1 0/2004 



sfac: May 12, 2004 Page 2 of 2 



cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://sfgov.org/site/sfac_page.asp?id=24575 8/1 0/2004 



sfac: May 12.2004 



Page 1 of 3 




// 



sfgov | ;ss I government I visitors i online services j se 

Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
May 12, 2004 



STREET ARTISTS COMMITTEE 
Wednesday, May 12, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 



1. Roll Call 



DOCUMENTS DEPT 



MAY 2 5 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 




>H 



Members present: Commissioners Dugald Stermer, Maya Draisin, P. J. 
Johnston, 

Members absent: Commissioners Anne Brauer, Rod Freebaim-Smith 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar, Certification Clerk Evelyn Russell 

In attendance were Street Artists Michael Addario, Robert Clark, William Clark, 
Linda Hagen, Maria Hillius, Josh Martens, Edward Steneck, David Thomas, Sean 
Yore 

Commissioner Stermer, Chair, called the meeting to order at 3:15 p.m. and 
took the agenda items in the following order: 

2. Program Director's report 

Program Director Howard Lazar reported on having painted the numbers and 
brackets for the spaces to be relocated on both sides of Hyde Street, as per the 
approval of the Arts Commission, the National Park Service, the Argonaut 
Hotel, and the Board of Supervisors. The spaces to be relocated on Jefferson 
Street were awaiting review and approval by the Port of San Francisco. 

3. New business 

Street Artist William Clark stated that, at a meeting of the Board of Supervisors 
Finance Committee last September, he had informed the Supervisors that 
$40,000 in interest was due the street artist fund, and that Supervisor Peskin 
had asked the Controller to investigate the matter. Mr. Clark asked whether 
the Program Director had heard of any results of the investigation. He further 
asked the Arts Commission to write a letter of inquiry. The Commissioners and 
the staff, referring to an earlier opinion on the matter by the City Attorney, 
declined to pursue Mr. Clark's request. 

4. Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by providing for a daily secondary 



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5/20/2004 



sfac: May 12,2004 Page 2 of 3 

lottery for the same area (Wharf or Downtown) of selling spaces; providing 
for secondary lottery to commence immediately upon completion of 
assignment of spaces from the main lottery; providing for red lottery slips 
for secondary Wharf lottery and green lottery slips for secondary Downtown 
lottery; and immediate termination of the practice of conducting unofficial 
"mini-mini lotteries" 

At the request of the Chair, Program Director Lazar described, in general 
terms, the street artists' lottery, problems arising from the unofficial "mini- 
mini lottery", and the purposes of the proposal to remedy the problems. He 
referred the Commissioners to the petition he received of 28 artists proposing 
the following: "(1) The mini-mini lottery be eliminated and replaced with an 
official secondary lottery to be held after the primary lottery; (2) Additional 
color slips be provided for the secondary lottery (red for the wharf secondary 
lottery and green for the downtown secondary lottery); (3) Once the primary 
lottery is held and the spaces assigned, a primary lottery number would not be 
able to bump or trump a secondary lottery number for that day; (4) The 
secondary lottery slips are only useable on the date issued; (5) It would be 
illegal for one licenseholder, in the same day, to sign in for a space at both 
the Wharf and Downtown areas ..." 

Mr. Lazar also referred the Commissioners to a letter he received from Street 
Artists William and Robert Clark opposing the proposal. 

Speaking in support of the proposal were Street Artists Edward Steneck and 
Michael Addario. Speaking in opposition were Street Artists William Clark and 
Robert Clark. Contributing to the discussion were Street Artists Linda Hagen, 
Maria Hillius, and Sean Yore. 

During the course of the discussion, Mr. Steneck offered to withdraw item #3 of 
the proposal. Mr. Addario, however, asked that item #3 be retained on a "wait- 
and-see basis" for future consideration after the proposal is implemented. 
Commissioner Stermer stated that item #3 would be eliminated from present 
consideration. 

The Commissioners ascertained that the primary purpose of the proposal was to 
prevent artists from signing in for two spaces on the same day. On the other 
hand, the Commissioners ascertained that it was considered acceptable for an 
artist to move from space to space, region to region, in pursuit of business 
throughout the course of a day. The Commissioners expressed concern over 
the possibility of attempting to remedy a problem that was not a widespread 
problem, and whether the elimination of an artist's opportunity to "double dip" 
for spaces on a given day would create a further problem. 

The Commissioners urged both sides to negotiate and refine the proposal and 
re-submit it. Commissioner Stermer requested that the matter be calendared 
for the Committee's next meeting. 

5. Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by requiring lottery workers to 
indicate on the sign-up sheet the following abbreviations for arts/crafts: 
"PT" for portraits, "PR" for prints, "PH" for photography 

Commissioner Stermer stated that the item would be continued to the next 
Committee meeting. 

6. Adjournment 



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sfac: May 12,2004 Page 3 of 3 

There being no further business, the meeting was adjourned at 4:50 p.m. 
Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 



May 20, 2004 



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San Fi t.s reserved. 



http://stgov.org/site/sfac_page.asp?id=24879 5/20/2004 



sfac: June 09, 2004 Meeting Cancelled Page 1 of 1 



Meeting s >> Street Artists Committee Meeting s 



/ 



San Francisco Arts Commission 



June 09, 2004 Meeting Cancelled 



^STREET ARTISTS COMMITTEE 

June 09, 2004 

3:00 p.m. 

25 Van Ness Avenue, Suite 70 

DOCUMENTS DEPT. 

f Ay«J~ AUG 1 2004 

Notice of Cancellation of Meeting 

t SAN FRANCISCO 

PUBLIC LIBRARY 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for June 09, 2004 has been cancelled. Hearing and possible 
motion... 



June 02, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance {San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://sfgov.org/site/sfac_page.asp ?id=252 1 5 8/1 0/2004 



;fac: July 14, 2004 Meeting Cancelled Page 1 of 1 



Meetings >> Street Artists Committee Meeting s 



S 



led 



San Francisco Arts Commission 



July 14, 2004 Meeting Cancelled 



STREET ARTISTS COMMITTEE 

Wednesday, July 14, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



* '*«*■'- DOCUMENTS DEPT. 

Notice of Cancellation of Meeting 



AUG 1 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for July 14, 2004 has been cancelled. 



July 7, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://sfgov.org/site/sfac_page.asp?id=26044 8/10/2004 



sfac: August 11, 2004 Page 1 of 1 



Meeti ngs >> Street Artists Committee Meetings 






San Francisco^Arts Commission 



August 1 1 , 2004 

^ STREET ARTISTS COMMITTEE 

Wednesday, August 1 1 , 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 

Notice of Cancellation of Meeting 

f DOCUMENTS DEPT. 

AUG 1 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 

I 

u< ^ The regular meeting of the Street Artists Committee of the San Francisco Arts 

Commission scheduled for August 11, 2004 has been cancelled. 



August 5, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone 



http://sfgov.org/site/sfac_page.asp?id=26640 8/10/2004 



|sfac: September 08, 2004 Page 1 of 2 

Meetings >> Street Artists Commit t ee Meetings 

^San Francisco, Arts Commission 
September 08, 2004 

^STREET ARTISTS COMMITTEE 

Wednesday, September 8, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



.j^,^ DOCUMENTS DEPT. 

Notice of Cancellation of Meeting DEC - 6 2004 



SAN FRANCISCO 
PUBLIC LIBRARY 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, September 8, 2004 has been cancelled. 



September 1 , 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person (s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 



http://www.sfgov.org/site/sfac_page.asp ?id=27024 12/6/2004 



sfac: September 08, 2004 Page 2 of 2 



Individuals and entities that, influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://www.sfgov.org/site/sfac_page.asp ?id=27024 I 2-6/2004 



sfac: October 13,2004 



Page 1 of 3 



Meetings >> Str eet A r tists Committee Meetings 

San Francisco Arts Commission 
October 13, 2004 



STREET ARTISTS COMMITTEE 
Wednesday, October 13, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 



DOCUMENTS DEPT. 
DEC- 6 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



1 . Hearing and possible motion to approve elimination of selection of three (3) 
additional temporary Lottery Committee members for winter holiday season 
(November 15-January 15). 

Item submitted by petition of 31 street artists. 



2. Hearing and possible motion to approve selection of additional Lottery 
helpers for peak selling seasons of winter (for the day after Thanksgiving 
through the first Monday after January 1st) and summer (for the Friday 
before Memorial Day through Labor Day). 

Item submitted by petition of 33 street artists. 



3. Hearing and possible motion to approve amendment of the lottery procedure 
by allowing helpers to select spaces either in the lottery period in which 



they 



serve or for the same lottery period of the following week. 



Item submitted by petition of 30 street artists. 



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4. Hearing and possible motion to request Board of Supervisors to approve an 
ordinance to amend Section 2402(a) of Article 24 of the San Francisco Police 
Code by rescinding the requirement for members of the Advisory 
Committee of Street Artists and Craftsmen Examiners to attend fifty percent 
(50%) of an Advisory Committee meeting of four (4) or more hours in order 
to receive compensation. 



Item submitted by Street Artists Program Director and members of the 
Advisory 



Committee of Street Artists and Craftsmen Examiners. 



5. Program Director's report. 



6. New Business 



7. Adjournment 



October 3, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regulai 
business hours. Tel: iNFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 



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sfac: October 13, 2004 Page 3 of 3 



consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person (s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance {San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



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Ifac: October 13, 2004 amended agenda Page 1 of 2 

M eetin gs >> Street Artists Committee Meetings 

San Francisco Arts Commission 

^ , 

October 13, 2004 amended agenda 

^STREET ARTISTS COMMITTEE 
Wednesday, October 13, 2004 

3:oo p.m. DOCUMENTS DEPT. 

25 Van Ness Avenue, Suite 70 

DEC - 6 2004 

SAN FRANCISCO 

^Agenda PUBLIC LIBRARY 

1 . Hearing and possible motion to approve elimination of selection of three (3) 
additional temporary Lottery Committee members for winter holiday season 
(November 15-January 15). 

Item submitted by petition of 31 street artists. 

2. Hearing and possible motion to approve selection of additional Lottery 
helpers for peak selling seasons of winter (for the day after Thanksgiving 
through the first Monday after January 1st) and summer (for the Friday 
before Memorial Day through Labor Day). 

Item submitted by petition of 33 street artists. 

3. Hearing and possible motion to approve amendment of the lottery 
procedure by allowing helpers to select spaces either in the lottery period 
in which they serve or for the same lottery period of the following week. 

Item submitted by petition of 30 street artists. 

4. Hearing and possible motion to request Board of Supervisors to approve an 
ordinance to amend Section 2402(a) of Article 24 of the San Francisco 
Police Code by rescinding the requirement for members of the Advisory 
Committee of Street Artists and Craftsmen Examiners to attend fifty percent 
(50%) of an Advisory Committee meeting of four (4) or more hours in order 
to receive compensation. 

Item submitted by Street Artists Program Director and members of the 
Advisory Committee of Street Artists and Craftsmen Examiners. 

5. Program Director's report. 



6. New business. 



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7. Adjournment 



October 5, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web_site. 



http://www.sfgov.org/site/sfac j?age.asp?id=27572 1 2/6/2004 



;fac: October 13, 2004 



Page 1 of 5 



Meetings >> Street Artists Committee Meetings 

San Francisco,Arts Commission 



f 



October 13, 2004 



STREET ARTISTS COMMITTEE 
Wednesday, October 13, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 



1. Roll Call 

Members present: Commissioners Dugald Stermer, Rod Freebaim-Smith, P. J. 
Johnston 

Members absent: Commissioners Anne Brauer, Maya Draisin 

Staff present: Director of Cultural Affairs Richard Newirth, Street 
Artists Program Director Howard Lazar, Certification Clerk Evelyn 
Russell 

In attendance were Street Artists Robert Clark, William Clark, 
Linda Hagen, Sean Yore; and former certificate-holder Paula 
Datesh Grundman 

Commissioner Stermer, Chair, called the meeting to order at 3:10 
p.m. and stated that items 1 and 2 would be heard 
simultaneously. 



DOCUMENTS DEPT 
DEC - 6 2004 

SAN FRANCISCO 
PUBLIC LIBRARY 



Hearing and possible motion to approve elimination of selection of three (3) 
additional temporary Lottery Committee members for winter holiday season 
(November 1 5 - January 1 5) (item submitted by petition of 31 street artists) 

Hearing and possible motion to approve selection of additional Lottery 
helpers for peak selling seasons of winter (for the day after Thanksgiving 
through the first Monday after January 1st) and summer (for the Friday 
before Memorial Day through Labor Day) (item submitted by petition of 33 
street artists) 

Program Director Howard Lazar clarified the jobs of Lottery 
Committee members and lottery helpers and described how they 
are chosen. He further clarified that some time ago the Arts 
Commission, at the request of the street artists, had approved the 
Lottery Committee to select three additional members to share 
the lottery workload during the winter holiday season. Now, 
however, petitioners were asking that three additional members 



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for the winter holiday season be replaced with one additional 
helper, and that an additional helper be selected for the summer 
season as well. 

Street Artists Linda Hagen and William Clark spoke in support of 
both proposals: the elimination of three additional Lottery 
Committee members would grant more peak season days for the 
remaining nine members to be compensated for running the 
lottery - a just reward for staying on the committee during 
January and February (the off-season) to run the lotteries. Street 
Artist Sean Yore opposed Item 1 : the Lottery Committee during 
the previous winter holiday season did not have a full complement 
of members and would have been seriously understaffed had it 
not acquired the additional three members. 

Commissioner Stermer commended the support of the petitioners 
behind the two proposals. 

Commissioner Johnston moved to approve the elimination of 
three (3) additional temporary Lottery Committee members for 
the winter holiday season subject to review after the winter 
holiday season; the motion was seconded by Commissioner 
Freebairn-Smith and unanimously approved. 

Commissioner Freebairn-Smith moved to approve selection of 
additional Lottery helpers for peak selling seasons of winter (the 
day after Thanksgiving through the first Monday after January 
1st) and summer (the Friday before Memorial Day through Labor 
Day); the motion was seconded by Commissioner Johnston and 
unanimously approved. 

3. Hearing and possible motion to approve amendment of lottery procedure by 
allowing helpers to select spaces either in the lottery period in which they 
serve or for the same lottery period of the following week, (item submitted 
by petition of 30 street artists) 

Commissioner Stermer ascertained that the authors of the petition were not 
present. Because the petition's wording was ambiguous, he tabled the item for 
the next Street Artists Committee meeting. 

4. Hearing and possible motion to request Board of Supervisors to approve an 
ordinance to amend Section 2402(a) of Article 24 of the San Francisco 
Police Code by rescinding the requirement for members of the Advisory 
Committee of Street Artists and Craftsmen Examiners to attend fifty percent 
(50%) of an Advisory Committee meeting of four (4) or more hours in order 
to receive compensation, (item submitted by Street Artists Program Director 
and members of the Advisory Committee of Street Artists and Craftsmen 
Examiners) 

Program Director Lazar explained that the ordinance providing compensation 
for the Advisory Committee of Street Artists and Craftsmen Examiners 
stipulated that the committee's members were entitled to receive 



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compensation only when they attend at least fifty percent of an Advisory 
Committee meeting that lasts for four or more hours. The Program Director 
stated that the inflexibility of the ordinance's wording appeared to preclude a 
member from receiving compensation for a meeting that could be just short of 
four hours and that this was not fair - especially for members who travel great 
distances and, with travel time, give up half their work day to attend. 

Street Artist William Clark expressed support of the proposal but requested 
that it provide for a lower amount of required meeting time as, for example, 
three hours instead of the present four, rather than eliminating a minimum 
amount of time altogether. 

Street Artist Robert Clark expressed opposition to lowering the number of hours 
for a meeting, as this would encourage the committee's members to push 
applicants through the screening process rather than the committee carefully 
examining their wares. Mr. Clark then proposed that a new ordinance require a 
member to attend at least two hours of a meeting three hours or longer. 

Commissioner Johnston ascertained that the duration of the Advisory 
Committee's meetings - or any meeting of any City committee - could not 
always "in the real world" adhere to a stipulated minimum time requirement. 
He favored the deletion of the wording "...for 50 percent of each meeting of 
four or more hours" from the present provision which states: "(a) A member 
shall receive $80 for each meeting of the Advisory Commttee actually attended 
by said member for 50 percent of each meeting of four or more hours." 

After much discussion between the Commissioners, staff, and attendees, 
Commissioner Johnston moved that the Board of Supervisors be requested to 
approve an ordinance to amend Section 2402(a) of Article 24 of the San 
Francisco Police Code by rescinding the requirement for members of the 
Advisory Committee of Street Artists and Craftsmen Examiners to attend fifty 
percent (50%) of an Advisory Committee meeting of four (4) or mroe hours in 
order to receive compensation; the motion was seconded by Commissioner 
Freebairn-Smith and unanimously approved. 

5. Program Director's report 

Program Director Lazar reported that the Board of Supervisors had enacted the 
Arts Commission's request to make former temporary winter holiday spaces "Z- 
3" and "1-4", located at Market and 4th streets, as well as other former 
temporary spaces at Market and Montgomery streets, into permanent spaces. 
The artists have started using the spaces and have expressed their gratitude. 

The Program Director further reported that the Arts Commission's 23rd 
consecutive request for winter holiday spaces - this year 71 such spaces - was 
coming up for hearing by the Board of Supervisors' Land Use Committee. 

The Program Director also reported that he had finished painting the markings 
and numbers of the artists' spaces at Fisherman's Wharf. 

6. New business 

Former certificate-holder Paula Datesh Grundman requested a re-issuance of 
her certificate. She stated that, due to extenuating circumstances, she had 
been unable to attend her hearing (in which the Street Artists Committee had 
decided to not re-issue her certificate), that two years had passed since she 
was licensed, and that she wanted to get her license back. 

Street Artist Sean Yore stated that he was one of the witnesses against Ms. 



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Grundman at the hearing, and that he felt that it had been a fair hearing. 

Director of Cultural Affairs Richard Newirth stated that the City Attorney had 
previously researched the matter and had stated in writing that due process 
had taken place and that the committee was not required to hold a hearing on 
Ms. Grundman's request. 

While Commissioners Johnston and Freebairn-Smith expressed interest in 
reviewing the City Attorney's letter and the minutes of the meeting, 
Commissioner Stermer stated that he was not predisposed to hearing the 
matter. 



Street Artist Linda Hagen submitted a proposal for the Street Artists Program to 
employ "secret shoppers" whereby persons not recognized by the street artists 
would purchase, for evidence at hearings, various items suspected as not being 
created by the artists. This, she said, would improve the Program. 



Street Artist Linda Hagen presented a proposal to allow any artist to purchase 
more than one street artist certificate. 

Program Director Lazar stated that one artist had expressed a similar idea to 
him in order to improve, the artist felt, his chances of getting a good space 
through the lottery. The Program Director had responded that he would have 
to consult with the City Attorney as to whether the street artist ordinance 
would allow an artist to purchase more than one certificate. 



Street Artist Sean Yore requested that the Program Director explore ways of 
providing security for Lottery Committee members at the lotteries, as, he said, 
he had been threatened. Responding to questions by Commissioner Johnston, 
Mr. Yore stated that he had not filed a police report, and that it was difficult 
to get witnesses to come forward. 

The Program Director stated that, given the Program's present budget 
restrictions which included cancellation of this year's hiring of police officers 
for the winter holiday season, it did not seem likely that the Program would be 
able to hire security personnel for the lotteries. 
Adjournment 

There being no further business, Commissioner Stermer adjourned the meeting 
at 4:40 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 



October 26, 2004 



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May 20, 2004 



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12/6/2004 



November 10, 2004 Page 1 of 2 



Meet ings >> Stre et Artists Committee Me etings 

^ San FranciscoJVrts Commission 

November 10, 2004 

^STREET ARTISTS COMMITTEE 
Wednesday, November 10, 2004 
3:00 p.m. 
25 Van Ness Avenue, Suite 70 DOCUMENTS DEPT. 

DEC- 6 2004 
- Aeenda SAN francisco 

^ 5 PUBLIC LIBRARY 

1 . Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by (1) allowing any helper or Lottery 
Committee member on a main lottery day to enter into the lottery and use 
their number the next day; (2) allowing any helper or Lottery Committee 
member on the second day of a lottery to enter the lottery on the first day 
and use their number that day; (3) allowing any designated helper on a 
Wednesday Wharf lottery to enter the lottery on Tuesday and use their 
number that day (Tuesday); (4) allowing for unrestricted number of times in 
any lottery period or weekly period for an artist to be a helper; and (5) 
allowing for any Lottery Committee member to be a designated helper. 

(item submitted by petition of 30 street artists) 

2. Hearing and possible motion to approve issuance of certificates or renewal 
of certificates 

Sean Yore - Certificate #6044 - and Linda Hagen - Certificate #5961. 

Alleged violation: Improper conduct of business: Selling a painting created by 
Mr. Yore and Ms. Hagen copied from a photograph by Kerrick James. 

Section 5 of the Street Artists Ordinance allows the Director of Cultural 
Affairs to refuse to issue or renew a street artist certificate if charges have 
been filed alleging deception or violation of the Street Artists Ordinance. 
Under the Arts Commission's Section 5 procedures, the Director of Cultural 
Affairs may withhold issuance or renewal of a street artist's certificate if the 
artist is charged with selling an item that is not "predominantly created or 
significantly altered in form" by the artist. Such charge belongs to the 
category of "serious violations" which are considered by the Commission to 
include "violations that significantly threaten the integrity of the Street 
Artists Program. " Because of the above charge, the issuance or renewal of the 
certificates of Mr. Yore and Ms. Hagen have been withheld pending hearing 
with the Street Artists Committee. 

3. Program Director Report 

4. New Business 

5. Adjournment 

November 3, 2004 



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sfac : November 1 0, 2004 Page 2 of 2 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583}. 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and w eb site . 



http://www.sfgov.org/site/sfac_page.asp?id=28 1 09 [2 '6/2004 



sfac: November 10, 2004 meeting cancelled Page 1 of 1 

Meetings >> Street Artists Committee Meeting s 

San FrancisccuArts Commission 



November 10, 2004 meeting cancelled 

^ STREET ARTISTS COMMITTEE 

Wednesday, November 10, 2004 

•kv k. 3:0 A 0p - m - c ., 7n DOCUMENTS DEPT. 

25 Van Ness Avenue, Suite 70 

DEC - 6 2004 

^S^"- SAN FRANCISCO 

Notice ofjCancellation of Meeting public library 

The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, November 10, 2004 has been cancelled. 

November 8, 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://www.sfgov.org/site/sfac_page.asp ?id=28203 12/6/2004 



sfac: December 08, 2004 meeting cancelled Page 1 of 1 

Mee tings >> Str eet Art ists Committee Meetings 

^San Francisco^ Arts Commission 



December 08, 2004 meeting cancelled 



STREET ARTISTS COMMITTEE 

Wednesday, December 8, 2004 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 DOCUMENTS DEPT. 



DEC - 6 Z004 
Notice ofCancellation of Meeting pubuc A library 

The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, December 8, 2004 has been cancelled. 



December 1 , 2004 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://www.sfgov.org/site/sfac_page.asp?id=28552 12/6/2004 



sfac: January 12, 2005 



Page 1 of 2 



fcpVi 

/sanfroneisco 1 


. .^pf fi Bms ^ipi 


sfgov | residents | business 


government 


visitors | online services | search 1 


HSU 



Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



January 12, 2005 



STREET ARTISTS COMMITTEE 
Wednesday, January 1 2, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1. Hearing and possible motion to approve issuance of certificates or renewal 
of certificates 

Sean Yore - Certificate #6044 (expired November 29, 2004) - and Linda 
Hagen Certificate #5961 (expired December 27, 2004). Alleged violation: (1) 
Improper conduct of business: Selling an image created by Mr. Yore and Ms. 
Hagen copied from a photograph by Kerrick James; (2) Improper conduct of 
business: misrepresentation to the public regarding the type of goods sold by 
selling a print as an "original," "watercolor" painting. 

Section 5 of the Street Artists Ordinance allows the Director of 
Cultural Affairs to refuse to issue or renew a street artist 
certificate if charges have been filed alleging deception or 
violation of the Street Artists Ordinance. Under the Arts 
Commission's Section 5 procedures, the Director of Cultural 
Affairs may withhold issuance or renewal of a street artist's 
certificate if the artist is charged with selling an item that is not 
"predominantly created or significantly altered in form" by the 
artist. Such charge belongs to the category of "serious violations" 
which are considered by the Commission to include "violations 
that significantly threaten the integrity of the Stret Artists 
Program. " Because of the above charges, the issuance or renewal 
of the certificates of Mr. Yore and Ms. hagen have been withheld 
pending hearing with the Street Artists Committee. 

2. Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by (1) allowing any helper or Lottery 
Committee member on a main lottery day to enter the lottery and use their 
number the next day; (2) allowing any helper or Lottery Committee member 
on the second day of a lottery to enter the lottery on the first day and use 
their number that day; (3) allowing any designated helper on a Wednesday 
Wharf lottery to enter the lottery on Tuesday and use their number that 
day; (4) allowing for unrestricted number of times in any lottery period or 
weekly period for an artist to be a helper; and (5) allowing for any Lottery 
Committee member to be a designated helper. 

(item submitted by petition of 30 street artists) 



3. Program Director report 

4. New Business 

5. Adjournment 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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11/29/2007 



sfac: January 12, 2005 Page 2 of 2 



January 03, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100-2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



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sfac: January 12, 2005 



Page 1 of 3 



(SFGpV 



■■■■■ 




sfgov I residents | business | government | visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
January 1 2, 2005 

STREET ARTISTS COMMITTEE 
Wednesday, January 1 2, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 



1. Roll Call 

Members present: Commissioners P. J. Johnston, Maya Draisin, Rod Freebaim- 
Smith 

Members absent: Commissioner Anne Brauer 

Staff present: Director of Cultural Affairs Richard Newirth, Street 
Artists Program Director Howard Lazar, Certification Clerk Evelyn 
Russell, Deputy City Attorney Marie Corlett Blits, Deputy City 
Attorney Virginia Dario Elizondo 

Commissioner Johnston, Chair, called the meeting to order at 
3:15 p.m. and stated that the item pertaining to "Hearing and 
possible motion to approve proposal to amend lottery procedure 
for assigning selling spaces" would be continued to the following 
month's meeting. 

2. Hearing and possible motion to approve issuance of certificates or renewal 
of certificates. (This hearing was tape recorded; all documents presented 
are available in the hearing file.) 

Sean Yore - Certificate #6044 (expired November 29, 2004) - and Linda 
Hagen - Certificate #5961 (expired December 27, 2004). Alleged violations: 
(1) Improper conduct of business: Selling an image created by Mr. Yore and Ms. 
Hagen copied from a photograph by Kerrick James; (2) Improper conduct of 
business: Misrepresentation to the public regarding the type of goods sold by 
selling a print as an "original", "watercolor" painting. 

Commissioner Johnston acknowledged the presence of Deputy City Attorney 
Marie Corlett Blits to verify that the hearing would maintain proper procedure. 
The Commissioner requested the following: an opening statement by the Street 
Artists Program Director, an opening statement by the counsel for the 
respondents, presentation of evidence by the Program Director, presentation of 
evidence by counsel and respondents, rebuttal and closing arguments by the 
Program Director, and closing arguments by counsel and respondents. During 
the presentation of evidence by both sides, there would be allowance for 
testimony by witnesses and the opportunity to cross-examine witnesses. Public 
comment, limited to three minutes per person, would occur after this 
procedure. 

Street Artists Program Director Howard Lazar presented a chronology of the 
case from his office's receipt of complaint and evidence to issuance of "Notice 
of Withholding of Certificate Pending Hearing" to Mr. Yore and Ms. Hagen. He 
discussed the nature of the charges and the Arts Commission's jurisdiction with 
regard to the charges, as well as their relevance to not only the Street Artists 
Ordinance but to the San Francisco Business and Tax Regulations Code and the 
California Business and Professions Code. 



DOCUMENTS DEPI 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Mr. Gregory Alan Rutchik of "the arts and technology group", attorney for Sean 
Yore and Linda Hagen, presented his opening statement with denied the 
charges. 

Program Director Lazar submitted evidence and declarations in support of the 
charges. He presented the following witnesses who, under oath, gave 
testimony: Ellen Falcinelli, Dickran Knoble, Linda Amato, and Philip John 
Amato. 

Mr. Rutchik cross-examined Ms. Falcinelli, Mr. Knoble, Ms. Amato, Mr. Amato, 
and Program Director Lazar. 

Mr. Rutchik submitted evidence and declarations in denial of the charges. Mr. 
Yore and Ms. Hagen, under oath, and in response to questions of their attorney, 
gave testimony stating that Mr. Yore took various photographs of cable cars, 
the Bay Bridge, and persons getting on a cable car, to create a composite 
image, and painted the image with watercolors. Mr. Yore demonstrated a 
technique of projecting various photographic images onto a flat plain surface 
which, he said, were traced to form the outlines of a scene similar to the one 
subject to this proceeding. Mr. Yore and Ms. Hagen stated that they were 
unaware of the Kerrick James photograph. Ms. Hagen, Mr. Rutchik, and Mr. 
Yore responded to questions by the Commissioners. 

The Commissioners thoroughly examined the evidence presented by both sides. 

Director of Cultural Affairs Richard Newirth, referring to the declarations 
submitted by Mr. Yore and Ms. Hagen and Mr. Rutchik's written argument, 
questioned Mr. Yore on when and how he obtained his image. 

Program Director Lazar cross-examined Ms. Hagen. 

In rebuttal, the Program Director addressed the evidence submitted by the 
respondents in comparison with the evidence submitted against them. 

The Program Director gave his closing arguments. 

Mr. Rutchik gave his closing arguments. 

Commissioner Johnston stated that his Committee would take the matter 
under submission for deliberation and decision; both parties would be invited 
to submit any proposed findings over the course of the next two weeks by 
February 7th; that public comment would presently be taken; but no action 
would be taken today on the item; and that the item would be continued to 
the next meeting of February 9th. 

Under public comment, the following spoke: Paula Datesh, Philip Jon Amato, 
George Shuey, Dickran Knoble, Dennis Dooley, Susan Pete, Gregory Alan 
Rutchik, Sharon MacDougall. 

3. New business 

Former certificate-holder Paula Datesh Grundman requested a re- 
issuance of her certificate and submitted copies of the Street 
Artists Committee's minutes of April 14 and October 13, 2004, and 
Article 24 of the San Francisco Police Code. 

4. Adjournment 

There being no further business, Commissioner Johnston adjourned the meeting 
at 6:30 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 



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Meetings >> Street Artists Committee Meetings 

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February 09, 2005 



STREET ARTISTS COMMITTEE 
Wednesday, February 9, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 



1 . Hearing and possible motion to approve issuance of certificates or renewal 
of certificates (continued from 1/12/05 meeting) 

Sean Yore - Certificate #6044 (expired November 29, 2004) - and Linda 
Hagen Certificate #5961 (expired December 27, 2004). Alleged violation: (1) 
Improper conduct of business: Selling an image created by Mr. Yore and Ms. 
Hagen copied from a photograph by Kerrick James; (2) Improper conduct of 
business: misrepresentation to the public regarding the type of goods sold by 
selling a print as an "original," "watercolor" painting. 

Section 5 of the Street Artists Ordinance allows the Director of 
Cultural Affairs to refuse to issue or renew a street artist 
certificate if charges have been filed alleging deception or 
violation of the Street Artists Ordinance. Under the Arts 
Commission's Section 5 procedures, the Director of Cultural 
Affairs may withhold issuance or renewal of a street artist's 
certificate if the artist is charged with selling an item that is not 
"predominantly created or significantly altered in form" by the 
artist. Such charge belongs to the category of "serious violations" 
which are considered by the Commission to include "violations 
that significantly threaten the integrity of the Stret Artists 
Program. " Because of the above charges, the issuance or renewal 
of the certificates of Mr. Yore and Ms. hagen have been withheld 
pending hearing with the Street Artists Committee. 

2. Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by (1) allowing any helper or Lottery 
Committee member on a main lottery day to enter the lottery and use their 
number the next day; (2) allowing any helper or Lottery Committee member 
on the second day of a lottery to enter the lottery on the first day and use 
their number that day; (3) allowing any designated helper on a Wednesday 
Wharf lottery to enter the lottery on Tuesday and use their number that 
day; (4) allowing for unrestricted number of times in any lottery period or 
weekly period for an artist to be a helper; and (5) allowing for any Lottery 
Committee member to be a designated helper. 

(item submitted by petition of 30 street artists) 



3. Program Director report 

4. New Business 

5. Adjournment 



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January 31, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



February 09, 2005 



STREET ARTISTS COMMITTEE 
Wednesday, February 9, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 



1. Roll Call 

Members present: Commissioners P. J. Johnston, Maya Draisin, Rod Freebairn- 
Smith 

Members absent: Commissioner Anne Brauer 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar, Certification Clerk Evelyn Russell, Deputy City 
Attorney Marie Corlett Blits, Deputy City Attorney Virginia Dario Elizondo 

Commissioner Johnston, Chair, called the meeting to order at 3:12 p.m. 

2. Hearing and possible motion to approve issuance of certificates or renewal 
of certificates (continued from 1/12/05). (This hearing was tape recorded; 
all documents presented are available in the hearing file.) 

Sean Yore - Certificate #6044 (expired November 29, 2004) - and Linda 
Hagen - Certificate #5961 (expired December 27, 2004). Alleged violations: 
(1) Improper conduct of business: Selling an image created by Mr. Yore and Ms. 
Hagen copied from a photograph by Kerrick James; (2) Improper conduct of 
business: Misrepresentation to the public regarding the type of goods sold by 
selling a print as an "original," "watercolor" painting. 

Prior to this meeting, both parties presented "Proposed Findings of Fact and 
Conclusions of Law" relative to the previous hearing of January 12th. 
Commissioner Johnston invited both sides to present any additional new 
evidence that had not been submitted to the Committee. Neither side 
presented any new evidence. 

The Committee allowed a considerable length of time for Mr. Gregory Rutchik, 
attorney for Mr. Yore and Ms. Hagen, to again present his clients' position. 

Under public comment, the following people spoke: Street Artists Linda Amato, 
Dennis Dooley, Dickran Knoble, Susan Pete, and Program Director Howard 
Lazar. 

Commissioner Johnston moved (1) that, due to a lack of preponderance of 
evidence, Sean Yore and Linda Hagen not be found in violation regarding the 
type of goods sold; (2) that it be found that Mr. Yore and Ms. Hagen violated 
S. F. Police Code Sections 2401 and 2405 by selling a work not "predominantly 
created or significantly altered in form by the street artist"; (3) that Mr. Yore 
and Ms. Hagen shall remove the picture at issue from their inventory; (4) that 
their street artist Certificates be revoked until at least April 1, 2005, and that 
at that time they must reapply and re-satisfy the Street Artists Program 
Screening Criteria if they wish to regain their permits; the motion was 
seconded by Commissioner Freebairn-Smith and unanimously approved. 

3. Hearing and possible motion to approve proposal to amend lottery 
procedure for assigning selling spaces by (1) allowing any helper or Lottery 



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Committee member on a main lottery day to enter the lottery and use their 
number on the next day; (2) allowing any helper or Lottery Committee 
member on the second day of a lottery to enter the lottery on the first day 
and use their number that day; (3) allowing any designated helper on a 
Wednesday Wharf lottery to enter the lottery on Tuesday and use their 
number that day; (4) allowing for unrestricted number of times in any 
lottery period or weekly period for an artist to be a helper; and (5) allowing 
for any Lottery Committee member to be a designated helper. 

Commissioner Johnston ascertained that the authors and proponents of the 
proposal were not present. 

Street Artist Edward Steneck expressed objections to the proposal. 

Commissioner Johnston stated that he favored continuing the item pending the 
authors' contacting the Program Director to confirm their presence at a 
meeting to present the item. 

Commissioner Freebairn- Smith moved to table the item; the motion was 
seconded by Commissioner Draisin and unanimously approved. 

4. Public Comment 

Under public comment, Street Artist Michael Addario spoke. 

5. Adjournment 

There being no further business, Commissioner Johnston adjourned the meeting 
at 4:28 p.m. 



Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 



February 28, 2005 



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Meetings >> Street Artists Committee Meetings 




San Francisco Arts Commission 



March 09, 2005 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, March 9, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 

The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, March 9, 2005 has been cancelled. 



February 28, 2005 






Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco. CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and website. 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Meetings >> Street Artists Committee Meetings 

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April 1 3, 2005 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, April 13, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 

The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, April 13, 2005 has been cancelled. 



April 6, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



Public comment in regard to specific items wil 
consideration of the item. 



be taken before or during 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



DOCUMENTS DEPI 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



May 11, 2005 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, May 11, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, May 11, 2005 has been cancelled. 



May 3, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (41 5) 581 -2300, fax (415) 581 -2317 and web site . 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



June 08, 2005 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, June 8, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, June 8, 2005 has been cancelled. 



June 1, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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■ ~ 

July 13, 2005 meeting cancelled 




View Content "May 11, 2005 meeting cancelled" 



Content Title: 


May 11, 2005 meeting cancelled 


Content ID: 


31593 


Status: 


Approved (Published) 


Last User To Edit 


: Howard Lazar 


Last Edit Date: 


03-May-2005 09:59:36 AM 


Start Date: 


[None Specified] 


End Date: 


[None Specified] 


Date Created: 


03-May-2005 09:59:35 AM 


Approvals: 


[None Specified] 


History Comment 




Metadata: 




old URL: 




Summary: 




Content: 






STREET ARTISTS COMMITTEE 




Wednesday, July 13, 2005 




3:00 p.m. 




25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, July 13, 2005 has been cancelled. 



July 7, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



http://www.sfgov.org/site/sfac_page. asp?id=33 1 14 



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sfac: July 13, 2005 meeting cancelled Page 2 of 3 



cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



View Content "May 1 1 , 2005 meeting cancelled" 

Content Title: May 1 1 , 2005 meeting cancelled 

Content ID: 31593 

Status: Approved (Published) 

Last User To Edit: Howard Lazar 

Last Edit Date: 03-May-2005 09:59:36 AM 

Start Date: [None Specified] 

End Date: [None Specified] 

Date Created: 03-May-2005 09:59:35 AM 

Approvals: [None Specified] 

History Comment: 

Metadata: 
old URL: 



Summary: 
Content: 



STREET ARTISTS COMMITTEE 
Wednesday, May 11, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, May 11, 2005 has been cancelled. 



May 3, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



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sfac: July 13, 2005 meeting cancelled 



Page 3 of 3 



Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



http://www.sfgov.org/site/sfac_page. asp?id=33 1 14 



11/29/2007 



sfac: August 10, 2005 meeting cancelled 



Page 1 of 1 



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Meetings >> Street Artists Committee Meetings 




San Francisco Arts Commission 



August 10, 2005 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, August 10, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 

The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, August 10, 2005 has been cancelled. 



August 8, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



September 14, 2005 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, September 14, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, September 14, 2005 has been cancelled. 



September 8, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 

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Meetings » Street Artists Committee Meetings 

San Francisco Arts Commission 



October 1 2, 2005 



STREET ARTISTS COMMITTEE 
Wednesday, October 1 2, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 



DOCUMENTS DEPT. 
OCT 1 4 Z005 

SAN FRANCISCO 
PUBLIC LIBRARY 



1 . Discussion on relocation of street artist space "J-1B" to site of former space 
"J-4" (Jefferson Street, south side, Hyde to Leavenworth Streets) to replace 
temporary loss of spaces "J-10" through "J-15" (Jefferson Street, north side, 
at Leavenworth Street) due to reconstruction of 

sidewalk. 

2. Hearing on question of increasing street artist certificate fee for fiscal year 
2006-07; possible motion to increase certificate fee. 

3. Hearing and possible motion to amend lottery space assignment procedure 
by prohibiting Lottery Committee members with time remaining on their 
terms of office from participating In a lottery to fill vacated positions on the 
Lottery Committee. 

(item submitted by street artist petition) 

4. Hearing and possible motion to approve reinstatement of Lottery Rule V 
which prohibits any Lottery Committee member who has served for twelve 
(12) consecutive months from being considered at the next time of the 
Committee's selection of members. [NOTE: Lottery Rule V was rescinded by 
the Arts Commission in May, 2003 "for the duration of one year subject to 
the rescission's continuation unless a complaint warrants a new hearing on 
the issue."] 

(item submitted by street artist petition) 

5. Street Artists Program Director's Report. 

6. New Business 

7. Adjournment 



October 3, 2005 



sfac: October 12, 2005 Page 2 of 2 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office. 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person (s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site. 






sfac: October 12, 2005 meeting cancelled Page 1 of 1 



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Meetings >> Street Artists Committee Meetings 

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October 12, 2005 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, October 1 2, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, October 12, 2005, has been cancelled. 

October 1 1 , 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 



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sfgov I residents | business | government ( visitors | online services | search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 




November 09, 2005 



STREET ARTISTS COMMITTEE 
Wednesday, November 9, 2005 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 



1 . Hearing on question of increasing street artist certificate fee for fiscal year 
2006-07; possible motion to increase certificate fee. 

2. Hearing and possible motion to amend lottery space assignment procedure 
by prohibiting Lottery Committee members with time remaining on their 
terms of office from participating in a lottery to fill vacated positions on the 
Lottery Committee. 

(item submitted by street artist petition) 

3. Hearing and possible motion to approve reinstatement of Lottery Rule V 
which prohibits any Lottery Committee member who has served for twelve 
(12) consecutive months from being considered at the next time of the 
Committee's selection of members. [NOTE: Lottery Rule V was rescinded by 
the Arts Commission in May, 2003 "for the duration of one year subject to 
the rescission's continuation unless a complaint warrants a new hearing on 
the issue."] 

(item submitted by street artist petition) 

4. Street Artists Program Director's Report. 

5. New Business 

6. Adjournment 



November 3, 2005 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 



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administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commissions, boards, councils and other agencies of the City and County exist 
to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco, CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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sfgov I residents | business | government | visitors | online services I search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
November 09, 2005 




STREET ARTISTS COMMITTEE 

Wednesday, November 9, 2005 

3:00 p.m. 

25 Van Ness Avenue, Suite 70 



Minutes 



1. Roll Call 

Members present: Commissioners P. J. Johnston, Jose Cuetlar, Alex Lloyd 

Members absent: none 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar, Certification Clerk Evelyn Russell 

Members of the audience: Street Artists Robert Clark, William Clark, Brian 
Hopper, Jimmy Sha, Edward Steneck, Julia Zhang 

Commissioner Johnston, Chair, called the meeting to order at 3:10 p.m. and 
welcomed Commissioners Cuellar and Lloyd to the Committee. Commissioner 
Johnston described major duties of the Committee and the Street Artists 
Program. 

2. Hearing on question of increasing street artist certificate fee for fiscal year 
2006-2007; possible motion to increase certificate fee 

Program Director Lazar profiled the Street Artists Program's current flow of 
certificate fee revenue and the continued augmentation of its surplus fees 
savings to meet its budget. He gave projections of consistent fee revenue and 
reduced savings balances for fiscal years 2006-2007 and 2007-2008. 

In response to a question by Commissioner Lloyd, Mr. Lazar described the 
history of the enactment of the current three-tiered fee increase ordinance for 
the self-sufficient Street Artists Program. 

Director of Cultural Affairs Richard Newirth commented that, when the Arts 
Commission had considered increasing the fee three years ago, the 
Commissioners and staff had considered it to be common business sense to 
introduce a gradual annual fee increase while drawing down on the remainder 
of the surplus. The alternative would have been a sudden hefty increase later 
on for which many of the artists might not have been prepared. 

In response to a question by Commissioner Johnston, Program Director Lazar 
recommended no increase of the certificate fee for FY 2006-2007 and advised 
that the Committee hold a hearing in the autumn of 2006 to consider increasing 
the fee for FY 2007-2008. 

Commissioner Johnston called for public comment. 

Street Artist William Clark informed the Commissioners of his involvement in 
the creation of the Street Artists Program and submitted a copy of the 
legislation which established the street artist fund as an interest-bearing 
special fund. He requested the Commissioners, in their future consideration of 
the certificate fee, to factor in the total balance of the Program's surplus fees 
savings rather than let the savings decrease gradually by augmentation of each 
year's revenue. 



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Street Artist Robert Clark commented on his perception of conflicting City 
Attorney opinions relative to street artist fees held in reserve, and requested 
the Commissioners to obtain independent legal advice-outside of the City 
Attorney-as to whether the Program would be entitled to receive surplus fees 
it had deposited in the general fund during the years 1972-1980. 

Director of Cultural Affairs Newirth stated that the City Attorney had clarified 
that the Arts Commission's fee-setting procedure was legal and that the Board 
of Supervisors had not deposited the street artist certificate fee revenue into 
the general fund since the period of 1972-1980. 

Mr. Robert Clark requested a response regarding interest due on the street 
artist fund for the years 1991-1997. 

Commissioner Johnston stated that the Clarks had each exceeded three 
minutes for public comment and that he would close public comment-at which 
point Mr. William Clark expressed opposition to Mr. Newirth 's last comment. 
Commissioner Johnston warned that he was about to adjourn the meeting. 
Both Clarks continued speaking. The Commissioner stated that he wished to 
address the rest of the agenda. The Clarks continued speaking loudly. 

Commissioner Johnston adjourned the meeting at 3:40 p.m. 

Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 



November 21, 2005 



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(sfcov 

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sfgov I residents | business | government | visitors | online services I search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



January 11, 2006 



STREET ARTISTS COMMITTEE 
Wednesday, January 11, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1 . Hearing and possible motion to amend lottery space assignment procedure 
by prohibiting Lottery Committee members with time remaining on their 
terms of office from participating in a lottery to fill vacated positions on the 
Lottery Committee (item submitted by street artist petition) 

2. Hearing and possible motion to approve reinstatement of Lottery Rule V 
which prohibits any Lottery Committee member who has served for twelve 
(12) consecutive months from being considered at the next time of the 
Committee's selection of members. [NOTE: Lottery Rule V was rescinded by 
the Arts Commission in May, 2003 "for the duration of one year subject to the 
rescission's continuation unless a complaint warrants a new hearing on the 
issue".] (item submitted by street artist petition) 

3. Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Jill Bornemann - Certificate # 6083. Alleged violation: Selling items (sewn 
fabric bags) not of the artist's own creation. 

Section 5 of the Street Artists Ordinance allows the Director of Cultural 
Affairs to refuse to issue or renew a street artist certificate if charges have 
been filed alleging deception or violation of the Street Artists Ordinance. 
Under the Arts Commission's Section 5 procedures, the Director of Cultural 
Affairs may withhold issuance or renewal of a street artist's certificate if the 
artist is charged with selling an item that is not "predominantly created or 
significantly altered in form" by the artist. Such charge belongs to the 
category of "serious violations" which are considered by the Commission to 
include "violations that significantly threaten the integrity of the Street 
Artists Program. " Because of the above charge, the issuance or renewal of the 
certificate of Ms. Bornemann have been withheld pending hearing with the 
Street Artists Committee. 

4. Street Artists Program Director's Report 

5. New Business 

6. Adjournment 



January 4, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 



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consideration of the item. 

The ringing of and use of celt phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, C A 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/surishirie/ 

STREET ARTISTS COMMITTEE 
Wednesday, January 1 1 , 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

Hearing and possible motion to amend lottery space assignment procedure 
by prohibiting Lottery Committee members with time remaining on their 
terms of office from participating in a lottery to fill vacated positions on the 
Lottery Committee (item submitted by street artist petition) 

Hearing and possible motion to approve reinstatement of Lottery Rule V 
which prohibits any Lottery Committee member who has served for twelve 
(12) consecutive months from being considered at the next time of the 
Committee's selection of members. [NOTE: Lottery Rule V was rescinded by 
the Arts Commission in May, 2003 "for the duration of one year subject to the 
rescission's continuation unless a complaint warrants a new hearing on the 
issue".] (item submitted by street artist petition) 

Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Jill Bornemann - Certificate # 6083. Alleged violation: Selling items (sewn 
fabric bags) not of the artist's own creation. 

Section 5 of the Street Artists Ordinance allows the Director of Cultural 
Affairs to refuse to issue or renew a street artist certificate if charges have 
been filed alleging deception or violation of the Street Artists Ordinance. 
Under the Arts Commission's Section 5 procedures, the Director of Cultural 
Affairs may withhold issuance or renewal of a street artist's certificate if the 
artist is charged with selling an item that is not "predominantly created or 
significantly altered in form" by the artist. Such charge belongs to the 
category of "serious violations" which are considered by the Commission to 
include "violations that significantly threaten the integrity of the Street 



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Artists Program.'' Because of the above charge, the issuance or renewal of the 
certificate of Ms. Bornemann have been withheld pending hearing with the 
Street Artists Committee. 

4. Street Artists Program Director's Report 

5. New Business 

6. Adjournment 

January 4, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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sfgov I residents | business | government | visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
January 11, 2006 

STREET ARTISTS COMMITTEE 

Wednesday, January 11, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 

1. Roll Call 

Members present: Commissioners P. J. Johnston, Jose Cuellar, Alex Lloyd 

Members absent: none 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar, Program Assistant Evelyn Russell 



Commissioner Johnston, Chair, called the meeting to order at 3:10 p.m. and 

stated that the Committee would hear the agenda's third item (a hearing on an 

alleged violation) first. 

Hearing and possible motion to approve issuance of certificate or renewal of 

certificate 

Jill Bornemann - Certificate #6083. Alleged violation: Selling items (sewn 
fabric handbags) not of the artist's own creation 

Commissioner Johnston read aloud from the agenda that "Under the Arts 
Commission's Section 5 procedures, the Director of Cultural Affairs may 
withhold issuance or renewal of a street artist's certificate if the artist is 
charged with selling an item that is not 'predominantly created or significantly 
altered in form' by the artist. Such charge belongs to the category of serious 
violations' which are considered by the Commission to include 'violations that 
significantly threaten the integrity of the Street Artists Program'. Because of 
the above charge, the issuance or renewal of the certificate of Ms. 
Bornemann have been withheld pending hearing with the Street Artists 
Committee". 

Program Director Howard Lazar presented a chronology of events of the case 
leading up to the hearing. An initial complaint against Ms. Bornemann had 
come on June 28, 2005 from street artist Madeline Marrow. There followed a 
report on July 2, 2005 submitted by members Josie Grant and Jacqueline 
Thompson of the Advisory Committee of Street Artists and Craftsmen Examiners 
which alleged that Ms. Bornemann had given self-contradictory statements to 
their questions regarding the making of her fabric handbags. One of her 
statements was that she jobbed out the cutting of her fabrics to a shop in 
Chinatown. On July 14 and September 1, 2005, the Program Director wrote to 
Ms. Bornemann offering her opportunities to request a studio visit by the 
Advisory Committee to verify whether she made the handbags she sold as a 
street artist. As no reply was received, Ms. Bornemann was sent a "NOTICE OF 
WITHHOLDING OF CERTIFICATE" and a "NOTICE OF HEARING" with the Program 
Committee. 

In response to questions by the Program Director, Advisory Committee member 
Jacqueline Thompson stated that Ms. Bornemann told her she did all of the 
work; but, under further questioning, she told her that she had a workshop of 
people making some of the work. She also told her that her street artist booth 



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displayed samples of handbags she entirely made; however, Ms. Thompson 
noted that the "samples" were all of the same design. Ms. Thompson explained 
to the Commissioners that a sample is typically made by an artist to find out if 
it "works" - that is, whether the fabric holds up or whether the design is 
appealing. The multitude of "samples" on Ms. Bornemann's display was not, she 
said, in keeping with the purpose of a sample. Furthermore, Ms. Thompson 
observed a prodigious amount of handbags on Ms. Bornemann's display week 
after week. 

Ms. Thompson, having been appointed to the Advisory Committee by the Mayor 
because of her arts and crafts expertise, stated that she was qualified as an 
expert witness as to the nature of the production of the items on Ms. 
Bornemann's table. It did not seem feasible that one person could produce the 
high volume of wares displayed by Ms. Bornemann, unless it represented a 
backlog of work accumulated over many years of effort. 

In response to questions by the Program Director, Advisory Committee member 
Josie Grant stated that Ms. Bornemann had blocked her from taking pictures of 
her display and that, under questioning, told her that while she had the pieces 
cut by a shop in Chinatown, it was just her husband and she doing the work; 
her husband, a fireman, helped her do the sewing. Ms. Bornemann had agreed 
to submit to a studio visit but later informed Ms. Grant that she moved to 
Sacramento and would not be selling in San Francisco. Ms. Grant, also 
appointed by the Mayor because of her expertise, stated that she, as an expert 
witness, did not feel that Ms. Bornemann made all of the handbags at her 
display, that she made samples, that she was an accomplished seamstress who 
designed the bags, "but the volume of work, the crispness of the work ... really 
says to me that these are mass-produced". There were too many of the same 
pattern, Ms. Grant added, to be called "samples". 

In response to questions by the Program Director, Street Artist Madeline 
Marrow stated that she has been a street artist licensed by the Arts Commission 
for the past ten years to make and sell her ceramics, that she did not feel it 
was possible for a single street artist to produce the volume of work displayed 
by Ms. Bornemann, and that it was apparent that all the handbags on the 
display were made by other persons - this, she said, is attested to by the high 
volume of handbags and "how perfectly they are made ..." as if "they came off 
a manufacturing line". Ms. Marrow further stated that Ms. Bornemann's website 
(Ms. Marrow furnished a printed copy to the Commissioners) specified that her 
handbags were being sold in sixty stores in fourteen states and three countries. 

Ms. Marrow went on to state that, while Ms. Bornemann told Ms. Grant she 
would no longer be selling in San Francisco, her website listed her presence at 
Justin Herman Plaza every Tuesday and Saturday. Furthermore, when she 
sells, she discounts her handbags by fifty percent which no street artist who is 
making his or her own work can afford to do. 

In response to questions by the Program Director, Street Artist Julie Kingsley 
stated that she has been a street artist licensed by the Arts Commission for 
eight years to make sewn fabric hats and capes (she submitted photos of her 
work to the Commissioners), and that she also participates in arts and crafts 
shows. She stated that a year and a half previously, on a Tuesday at Justin 
Herman Plaza, Ms. Bornemann told her that she utilized the services of a 
sewing shop in Chinatown, that it was convenient to stop there in the morning 
and pick up her bags and bring them to the Plaza to sell them. Ms. Kingsley 
stated that she could produce the telephone number of the shop and that, 
while she did not know its name, the person she was told to deal with was a 
man named "Ping". She added that Ms. Bornemann encouraged her to use the 
shop for her own items and encouraged other street artists as well. 

In response to further questioning, Ms. Kingsley stated that the handbags on 
Ms. Bornemann's display could not have been made by Ms. Bornemann alone, as 
they showed a "unifornity" of manufacture. An artist doing her own sewing 
would become weary after many hours, and the sewn lines would start to 
curve, resulting in each item appearing a little different from another. 
Furthermore, she said, the amount of time Ms. Bornemann would have to spend 
selecting fabric, participating in trade shows, submitting applications for entry 
on time - all of which, Ms. Kinglsey said, is eveident from Ms. Bornemann's 
website - as well as selling at the Plaza each week would preclude her from 
producing the volume of handbags she displays. 



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In response to a question from Commissioner Johnston, Program Director Lazar 
stated, as his opinion, that an artist's use of a third party or outside shop to 
produce, or assist in the production of, items would be in violation of the 
Street Artists Ordinance's definition of "Handcrafted Item"; furthermore, it 
would constitute a violation of the Arts Commission's criteria for "sewn items" 
which require an artist to perform both the cutting and sewing of the item. 
This criteria has been in effect since 1977 and was promulgated under the 
Commission's authority to administer and enforce the Street Artists Ordinance. 

Ms. Kingsley stated that if Ms. Bornemann were allowed to continue using the 
Chinatown shop, it would not prevent other artists from jobbing out the 
manufacturing of their designs; they would do it to avoid being adversely 
affected economically by Ms. Bornemann. This would result, she said, in the 
public no longer perceiving the Street Artists Program as a program of artists 
making their own handcrafts. 

Commissioner Johnston stressed that his Committee existed to ensure the 
integrity of the Street Artists Program. 

Street Artist Jill Bornemann responded to the charge by stating that, because 
she is the only person in her family earning a living, she sells her items as both 
a street artist and a wholesaler to stores. While she has representatives, 
however, she submitted documents which (she said) showed that her reps were 
not bringing in any accounts, with the exception of the east coast. With 
respect to the handbags she sells as a street artist, she stated that she can cut 
ten layers of fabric with an industrial cutter; in addition, she can make the 
seams and sew on the labels. 

In response to questions by Commissioner Johnston, Ms. Bornemann stated that 
everything on her street artist display was made exclusively by her. 

In response to questions by Commissioner Lloyd, Ms. Bornemann stated that she 
can produce forty handbags per week which involves thirty to forty hours of 
sewing time per week. If required, she could produce ten handbags for a 
studio visit. She has sixty to a hundred handbags in her inventory. Seventy 
percent of her sales are through the Street Artists Program. 

Commissioner Cuellar noted from an invoice that Ms. Bornemann had purchased 
a thousand buckles which the Commissioner and Commissioner Lloyd noted as 
not being proportional to her inventory. Ms. Bornemann explained that she 
purchased a thousand buckles to take advantage of the large quantity's low 
cost. 

Under further questioning by the Commissioners, Ms. Bornemann stated that 
the fabric pieces she cuts go to a manufacturer for duplication, and this is a 
separate project from what she sells on the street. She added that she creates 
her items by an assembly line process which is why her items appear to be 
perfectly made. She was agreeable to having a studio visit. 

Commissioner Johnston called for public comment. 

Street Artist Madeline Marrow stated that she has viewed Ms. Bornemann's work 
at Justin Herman Plaza and also at shows and that it was the same work. 

Commissioner Johnston requested the Program Director to schedule the 
Advisory Committee for a visit to Jill Bornemann's studio. 

Commissioner Johnston moved that the item be continued, pending the 
outcome of the studio visit, to the following month's meeting of the Program 
Committee or no later than the meeting of March; the motion was seconded by 
Commissioner Cuellar and unanimously approved. 

Hearing and possible motion to amend lottery space assignment procedure 
by prohibiting Lottery Committee members with time remaining on their 
terms of office from participating in a lottery to fill vacated positions on the 
Lottery Committee 

Commissioner Johnston acknowledged the proposal's support by a petition of 
twenty-five names. The Program Director explained the selection process for 
members of the Lottery Committee. 



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Speaking in support of the proposal were Lottery Committee members Brian 
Hopper and Edward Steneck and street artist Madeline Marrow. They expressed 
that the proposal would discourage members from adding time to their terms 
and monopolizing the committee's positions; at the same time, it would 
encourage other artists to get involved in the selection process. 

Speaking against the proposal was street artist Rostislav Kovarik who expressed 
that it would diminish the odds of other artists joining the Lottery Committee. 

Without taking action on the item, the Commissioners went on to hear the next 
item. 

4. Hearing and possible motion to approve reinstatement of Lottery Rule V 
which prohibits any Lottery Committee member who has served for twelve 
(12) consecutive months from being considered at the next time of the 
Committee's selection of members 

The Commissioners noted that Lottery Rule V was rescinded by the Arts 
Commission in May, 2003 "for the duration of one year subject to the 
rescission's continuation unless a complaint warrants a new hearing on the 
issue". The present item was submitted by street artist petition. 

Speaking in support of the proposal to reinstate Lottery Rule V were Lottery 
Committee members Brian Hopper and Edward Steneck. Speaking against it 
was Lottery Committee member Jimmy Sha. 

In reference to the two lottery proposals, Commissioner Johnston stated that 
neither proposal addressed the problem of loss of Committee members during 
slow business months and increased numbers of artists wanting to join the 
Committee during busy months. He was reluctant to change rules that would 
likely cause the Arts Commission to reinstate them. He preferred to see more 
support from the artists, by petition or public testimony, on the proposed 
changes. 

Commisioner Lloyd stated that he wanted to see a further assesssment of artist 
support of the proposals, as well as consideration of possible penalties for 
artists terminating their service on the Lottery Committee. He noted that the 
current selection process was not unfair. 

Commissioner Johnston moved that both items be tabled; the motion was 
seconded by Commissioner Cuellar and unanimously approved. 

5. Street Artisst Program Director's Report 

There was no report 

6. New Business 

Street Artist Edward Steneck stated that there were two members of the 
Lottery Committee who have not run lotteries for months but have given them 
to another member to run. Mr. Steneck expressed that give-away lotteries 
should be divided among all members of the Committee. 

Commissioner Johnston adjourned the meeting at 4:46 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 



January 24, 2006 



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sfac: February 8, 2006 meeting cancelled 



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sfgov I residents | business | government I visitors I online services | search f 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
February 8, 2006 meeting cancelled 

STREET ARTISTS COMMITTEE 
Wednesday, February 8, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, February 8, 2006 has been cancelled. 



February 2, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http : //www . sfgov . org/su nsh i ne/ 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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PUBLIC LIBRARY 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



March 08, 2006 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, March 8, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, March 8, 2006 has been cancelled. 



March 1 , 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



Public comment in regard to specific items wil 
consideration of the item. 



be taken before or during 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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sfac: April 12, 2006 meeting cancelled 



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April 12, 2006 meeting cancelled 



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March 08, 2006 meeting cancelled 

37822 

Approved (Published) 

Howard Lazar 

01-Mar-2006 09:58:57 AM 

[None Specified] 

[None Specified] 

01-Mar-2006 09:58:52 AM 

[None Specified] 






Summary: 
Content: 



STREET ARTISTS COMMITTEE 
Wednesday, April 12, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, April 12, 2006 has been cancelled. 



April 4, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sft;ov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 

View Content "Mar ch 08, 2006 meeting cancelled" 

Df w i w % o 



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Content Title: March 08, 2006 meeting cancelled 

Content ID: 37822 

Status: Approved (Published) 

Last User To Edit: Howard Lazar 

Last Edit Date: 01-Mar-2006 09:58:57 AM 

Start Date: [None Specified] 

End Date: [None Specified] 

Date Created: 01-Mar-2006 09:58:52 AM 

Approvals: [None Specified] 

History Comment: 



Metadata: 
old URL: 

Summary: 

Content: 

arch 1, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Public comment in regard to specific items will be taken before 
or during consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



http://www.sfgov.org/site/sfac_page. asp?id=38520 1 1/29/2007 



sfac: May 10, 2006 meeting cancelled 



Page 1 of 2 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

■ 

May 10, 2006 meeting cancelled 

STREET ARTISTS COMMITTEE 
Wednesday, May 10, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, May 10, 2006 has been cancelled. 

May 4, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.or g /sunshine/ 



DOCUMENTS DEPT 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



http://www.sfgov.org/site/sfac_page. asp?id=39074 



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sfac: May 10, 2006 meeting cancelled Page 2 of 2 



Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



http://www.sfgov.org/site/sfac_page. asp?id=39074 1 1/29/2007 



sfac: June 14, 2006 meeting cancelled 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
June 14, 2006 meeting cancelled 




STREET ARTISTS COMMITTEE 
Wednesday, June 14, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, June 14, 2006 has been cancelled. 



June 12, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf @sf g ov . or g. 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, htt p://www.sf go v.org/sunshine/ 



DOCUMENTS DEPT. 
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PUBLIC LIBRARY 



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sfac: July 12, 2006 meeting cancelled 



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sfgov I residents [ business I government | visitors | online services | search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



July 12, 2006 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, July 12, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, July 12, 2006 has been cancelled. 

July 6, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and w eb site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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PUBLIC LIBRARY 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



August 09, 2006 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, August 9, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, August 9, 2006 has been cancelled. 

August 3, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and website. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfg o v. or g. 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfg ov .o r g/suns hine/ 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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sfac: September 13, 2006 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



September 1 3, 2006 



STREET ARTISTS COMMITTEE 
Wednesday, September 13, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1 . Informational presentation on proposal for Board of Supervisors designation 
of four (4) street artist selling spaces on the 400 block of Hayes Street, 
north side, at Octavia Street. (Item submitted by street artists) 

2. Hearing and possible motion to approve proposal by Street Artists Program 
Director for Board of Supervisors designation of temporary winter holiday 
selling spaces for street artists in the Downtown area and at Harvey Milk 
Plaza; designation for November 15, 2006 through January 15, 2007. 

(Proposal for the same temporary spaces that were approved the previous 
three years: 64 temporary spaces in the Downtown area and 7 temporary 
spaces at Harvey Milk Plaza.) 



3. Street Artists Program Director's report 

4. New Business 

5. Adjournment 

August 30, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and w eb site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, htt p://www.sfgov.org/sunshine/ 



http://www.sfgov.org/site/sfac_page.asp7icN45273 1 1/29/2007 



sfac: September 13, 2006 



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Meetings >> Street Artists Committee Meetings 




Page 1 of 4 

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San Francisco Arts Commission 
September 1 3, 2006 



STREET ARTISTS COMMITTEE 

Wednesday, September 13, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes (as amended by November 8, 2006 meeting) 

1. Roll Call 

Members present: Commissioners Alexander Lloyd, Jose Cuellar, P. J. Johnston 

Members absent: none 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar, Program Assistant Evelyn Russell 



Commissioner Lloyd, Chair, called the meeting to order at 3:10 p.m. 

2. Informational presentation on proposal for Board of Supervisors designation 
of four (4) street artist spaces on the 400 block of Hayes Street, north side, 
at Octavia Street. 

Street Artists Program Director Howard Lazar referred the Commissioners to a 
map he had drawn of the northwest sidewalk of Hayes Street, at Octavia 
Street, where four new spaces, proposed by street artists Bill and Bob Clark, 
could be situated. The locations of the spaces would be able to meet all of the 
fire and safety regulations with the exception of the requirement for spaces to 
be not within eighteen inches of the curb. In order to allow for the required 
eight feet of pedestrian passageway between the spaces and the opposite edge 
of the sidewalk, the three-foot-deep spaces would have to be placed twelve 
inches from the curb, necessitating an exemption from the Board of 
Supervisors. As to their proximity to nearby stores, two of the spaces could be 
placed closest to the Octavia Street corner, the first space being ten feet away 
from the Flipper's Hamburgers building. The other two spaces could be 
adjacent to an eighty-four-foot long fenced parking lot. 

Should the Commissioners wish to pursue the proposal, Mr. Lazar stated that he 
would contact the merchants of the area for their consent and would invite 
them to give input at a subsequent Street Artists Committee meeting. 

Street Artist Bill Clark stated that he was disappointed that the Program 
Director did not notify the merchants about the hearing on the item because he 
had asked that the item be put on the agenda without requesting a motion in 
order for the merchants to express their opinions and the committee to hear 
the item without the pressure of having to take an immediate vote. He further 
stated that the sidewalk in question offered much latitude for placement of 
the spaces, and that he envisioned the spaces as being farther away from 
Flipper's. 

Street Artist Bob Clark stated that, rather than dividing the spaces into two 
groups, he proposed that all four be placed further down the sidewalk 
(eastward) so that they could not be blamed for adversely affecting the stores. 
Mr. Clark went on to say that, rather than requesting the Board of Supervisors 
to exempt the spaces from the curbside regulation, he, as a street artist, 
would be willing to set up his table in a two-and-a-half-foot (instead of a three- 



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foot) deep space. 

The Commissioners requested the proposal to be pursued, that more selling 
spaces be obtained for the artists, and that the Program Director meet with 
representatives, of the Department of Public Works and merchants of the area. 



3. Hearing and possible motion to approve proposal by Street Artists Program 
Director for Board of Supervisors designation of temporary winter holiday 
selling spaces for street artists in the Downtown area and at Harvey Milk 
Plaza; designation for November 15, 2006 through January 15, 2007. 

Program Director Lazar submitted his proposal for the same temporary spaces 
that had been approved by the Board of Supervisors for the previous three 
years: sixty-four temporary spaces in the Downtown area (fifty of these spaces 
approved for the previous thirteen years) and the same seven temporary spaces 
at Harvey Milk Plaza (which had been designated for the previous eleven years 
and the winter season of 1992-93). The time period of usage of the spaces 
would be the same as had been approved for the previous sixteen years: 
November 15 - January 15. If recommended by the Arts Commission, this 
would be the twenty-fifth consecutive year that the Commission would submit 
a request- package of temporary winter holiday spaces, on behalf of the street 
artists, to the Board of Supervisors. 

Mr. Lazar informed the Commissioners that both the Union Square Association 
and the Union Square Business Improvement District were in support of the 
proposal. 

No comments were received from the public. 

Commissioner Johnston moved that the proposal for temporary street artist 
spaces for the 2006-07 winter holiday season be approved; the motion was 
seconded by Commissioner Cuellar and unanimously approved. 

Director of Cultural Affairs Richard Newirth recommended that the Program 
Director, before marking the spaces, verify that none conflict with the public's 
view of recently installed historic panels. 

4. Street Artists Program Director's report. 

The Program Director reported on the success of the street artists' participation 
at the July 23rd "Summer in the City" concert at Dolores Park. The Symphony 
had again requested the artists' presence; the Street Artists Program's 400 
hundred artists were notified, fifty-four responded, and twenty were selected 
by lottery to set up their booths at the concert. If street artists were to be 
invited next year, the Program Director recommended that a lottery be 
initiated prior to the day of the event to determine the exact locations for the 
artists. 

Director of Cultural Affairs Newirth and Program Assistant Russell reported 
their observations of the artists' participation at the concert: certain types of 
crafts did better than others; some of the artists seemed very pleased to be 
present, while others seemed not so enthusiastic. 

The Program Director further reported on his relocating four year-round spaces 
on the Market Street sidewalk for compliance with the new doorways of the 
Westfield/Bloomingdale's shopping complex. Mr. Lazar thanked Ms. Leigh Ann 
Baughman, Executive Director of the Union Square Business Improvement 
District, and street artists Jimmy Sha, Mario Hernandez, and Sabino Sevilla for 
their help in measuring and marking the new locations for the spaces. 

In an effort to ensure street artist compliance with the display space 
regulations, the Business Improvement District began a monitoring program 
over the summer to electronically report the artists' activities daily to the 
Street Artists Program Director. As a result, the Program Director sent out 
several written warnings and, as hearing officer, conducted three public 
hearings with alleged violators who ultimately signed statements pledging 
compliance with the law in order to receive renewal of their certificates. 

Mr. Lazar further reported that on September 20th Mr. Newirth and he will be 



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requesting the Board of Supervisors' Finance Committee to recommend passage 
of an ordinance to allow the Street Artists Program to reimburse members of 
the Advisory Committee of Street Artists and Craftsmen Examiners for 
reasonable travel expenses to and from screenings, studio visits, and 
monitoring assignments. 

5. New business. 

Street Artist Philip Northrop asked about the status of United Nations Plaza as 
an area for street artist usage. Program Director Lazar responded that twenty- 
five years ago the Board of Supervisors had designated fifty spaces for street 
artists at the Plaza and that an agreement had been arranged between the 
artists, the Market Street Association, and the farmer's market using the Plaza 
whereby on farmer's market days the artists would be restricted to selling in 
the area of the Plaza east of the Leavenworth Street line and west of Market 
Street. 

Commissioner Johnston requested Mr. Lazar to show interested artists where 
they can set up their displays in the Plaza. 

Street Artist Bill Clark read from a list of proposals he had submitted and 
requested that they not be heard at any one time but considered over the 
course of a year. Mr. Clark requested (1) a hearing to discuss enforcement of 
the bead stringing criteria; (2) a hearing on the current Program policy of 
giving free street artist certificates to disabled veterans; (3) a hearing "to 
discuss what the Arts Commission suggests a street artist do if they become 
aware of any street artist who is required by federal law to have a green card 
and does not have a green card"; (4) a hearing on a proposal for any street 
artist certified to sell a "non-handmade item" to not be allowed to have a 
family unit member; (5) a hearing on a proposal to change the language on the 
back of the street artist certificate relating to "handmade craft product"; (6) a 
hearing on a proposal to change the language on the back of the street artist 
certificate relating to "the vendor or his family unit"; (7) a hearing on a 
proposal to allow any street artist who misses a main lottery to be given a last 
number at the following day's sign-in of the same lottery period; (8) a hearing 
on a proposal to not allow certification of computer-generated paintings on 
canvas, wood, etc.; (9) a hearing on a proposal to not allow street artists to be 
lottery helpers who do not know the English alphabet and/or who cannot count 
from to 9 in English; (10) a hearing to discuss the "F'-line streetcar proposals; 
(11) a hearing on a proposal for the Arts Commission to request a Board of 
Supervisors hearing to consider "asking the City to return to the street artist 
special fund all the interest from 1991 - 1997 which accrued from the surplus in 
the street artist fund"; (12) a hearing to request that a letter be sent by the 
Arts Commission to the Port Commission to enforce the law against all 
unlicensed street vendors on Port property; and (13) a hearing on a proposal 
for the Arts Commission to request the chairperson of the street artist Lottery 
Committee to attend all Street Artists Committee meetings. 

Street Artist Rostislav Kovarik commented that street artists do not want to 
attend the Street Artists Committee meetings when there are only two items 
on the agenda. 

Street Artist Bob Clark commented that he disagreed with some artists who 
feel that they cannot express themselves to the Street Artists Committee; 
because every agenda provides for public comment. 

Street Artist Michael Addario read from a proposal he submitted requesting the 
Arts Commission's assistance in acquiring funds, outside of the Street Artists 
Program's fund, to provide for (1) a brochure "spotlighting this historic program" 
and "the artists involved"; (2) a celebration of the Program's 35th anniversary 
with food, refreshments, banners, and a closure of Beach Street; (3) reduced 
admission fees for licensed street artists to San Francisco museums; and (4) 
enforcement and removal of unlicensed vendors "who are confusing the public, 
merchants, and certain city officials" from discerning licensed street artists 
from unlicensed vendors. Mr. Addario submitted photos he had taken of 
numerous unlicensed vendors selling at Fisherman's Wharf during the previous 
summer. The majority of these vendors were shown selling in prime areas 
where, Mr. Addario stated, the Port has refused to allow street artists to sell. 
Mr. Addario further stated that because enforcement of the illegal vendors was 
not a priority of the police, he was seeking funding to hire off-duty police 



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officers to cite and remove the vendors and confiscate their merchandise. 

Commissioner Lloyd said that his committee would consider Mr. Addario's 
request, as the Commissioners did not wish to see illegal vending taking place. 

Street Artist Edward Steneck requested that the Street Artists Program staff 
resume producing an attrition list of expired certificates which would enable 
the lottery personnel to ascertain valid from invalid permits. Mr. Steneck also 
requested that the Arts Commission rescind its policy allowing artists to pay 
their fees after their certificates expire (but within their renewal grace 
period). 

Street Artist Susan Pete expressed disappointment over the Street Artists 
Committee not meeting for eight months and asked that the Commissioners 
make monthly meetings a priority. Ms. Pete also requested resumption of an 
attrition list, as this would help the lottery personnel decipher not only expired 
certificates but fraudulent certificates as well. She further requested that the 
Program re-screen the artists every three years to verify that they are 
continuing to sell items for which they were initially approved. 

Street Artist Rostislav Kovarik stated that in the previous week he counted 126 
illegal vendors selling on the city's streets. 

After public comment, Commissioner Cuellar moved to adjourn the meeting; 
the motion was seconded by Commissioner Johnston and unanimously 
approved. The meeting adjourned at 4:10 p.m. 

Respectfully submitted: 

Howard Lazar 

Street Artists Program Director 



June 14, 2007 



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Meetings >> Street Artists Comm ittee Meetings 

San Francisco Arts Commission 



October 1 1 , 2006 




STREET ARTISTS COMMITTEE 
Wednesday, October 1 1 , 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 



1 . Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Manuel Loli - Certificate # 6040. Alleged violations: (1) Improper, hazardous 
conduct of business (battering a street artist ); (2) Selling items not of the 
artist's own creation (arrowheads, gourds with figures, ceramic boxes, hemp 
and bead jewelry, pipes, purses). 



Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Stephen Noland - Certificate # 7452. Alleged violation: Improper, hazardous 
conduct of business (pushing Arts Commission Advisory Committee member; 
obstructing the duty of Advisory Committee member). 



3. Hearing and possible motion to approve issuance of certificate or renewal of 
certificate 

Norma Hanley - Certificate # 7389. Alleged violation: Improper, hazardous 
conduct of business (hitting Arts Commission Advisory Committee member; 
obstructing the duty of Advisory Committee member). 



4. Street Artists Program Director's Report 



5. New Business 



6. Adjournment 



September 28, 2006 



Notices 



Explanatory documents are available for public inspection and copying at the Arts ._„ r\CDT 

Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular DOCUMEN I O Ubr I . 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



J). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



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The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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Meetings >> Street Artists Committee Meetings 

. San Francisco Arts Commission 



October 1 1 , 2006 



STREET ARTISTS COMMITTEE 

Wednesday, October 11, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 

Minutes 



Members present: Commissioners Alex Lloyd, Jose Cuellar, P. J. Johnston 

Members absent: none 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar, Program Assistant Evelyn Russell 

Commissioner Lloyd, Chair, called the meeting to order at 3:15 p.m. At the 
request of Commissioner Lloyd, Commissioner Johnston chaired the meeting 
and took the last two agenda items, "Street Artists Program Director's 
Report" and "New Business," out of order. 

Street Artists Program Director's Report. 

Street Artists Program Director Howard Lazar reported that, just prior to the 
meeting, he had presented the Arts Commission's proposal for winter holiday 
selling spaces, on behalf of the street artists, to the Board of Supervisors' 
Land Use Committee which passed the item to the full Board. 

Mr. Lazar also reported that Director of Cultural Affairs Richard Newirth and 
he presented to the Board of Supervisors' Finance Committee on September 
20, 2006, the draft ordinance allowing the Street Artists Program to reimburse 
members of the Advisory Committee of Street Artists and Craftsmen 
Examiners for reasonable travel expenses to and from screenings, studio 
visits, and monitoring assignments. The Finance Committee passed the item 
to the full Board. 

Lastly, Mr. Lazar reported that the Westfield/Bloomingdale's shopping center 
paid street artists a total of $6,000 for the use of six street artist spaces 
outside the center's doors onMarket Street for five days of celebration of the 
center's opening, September 27 through October 1, 2006. Mr. Lazar directed 
the Street Artists Program's Lottery Committee to hold a lottery for each of 
the five days in order to ascertain six artists who would have used the spaces 
for the day. The fortunate artists were each paid $200 directly by Executive 
Director Leigh Ann Baughman of the Union Square Business Improvement 
District. This eliminated a time-consuming task for Mr. Lazar of having to 
initiate and process invoices and payment requests on behalf of the artists, as 
well as the artists' having to wait for City Controller approval of their 
compensation. Mr. Lazar thanked Ms. Baughman for offering this help and for 
taking the time to pay the artists directly. 

New business. 

Street Artist Michael Addario informed the Commissioners of a recent Board of 
Supervisors resolution urging commissions and committees to adopt meeting 
attendance policies for their members. 

Street Artist Kathleen Hallinan requested that members of the Advisory 
Committee of Street Artists and Craftsmen Examiners make regular 
monitoring visits to the street artist area of Fisherman's Wharf and not just to 
the artists' area of Justin Herman Plaza. 

Hearing and possible motion to approve issuance of certificate or renewal 



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of certificate. 



Manuel Loli - Certificate #6040. Alleged violations: (1) Improper, hazardous 
conduct of business (battering a street artist); (2) Selling items not of the 
artist's own creation (arrowheads, gourds with figures, ceramic boxes, hemp 
and bead jewelry, smoking pipes, leather coin purses). 

The Street Artists Program hired a Spanish-to-English interpreter through 
Auerbach International, Inc. to assist Mr. Loli. For the duration of the entire 
hearing, Ms. Leslie Walker continuously interpreted for Mr. Loli the testimony 
and statements made by witnesses, Commissioners, and staff; and interpreted 
Mr. Loli's statements and those of his attorney, Ms. Kathleen Morgan, to the 
Commissioners. 

(A complete audio recording of the hearing is available upon request to the 
Street Artists Program.) 

The Street Artists Committee heard each charge separately. 

With respect to the first charge, the Committee acknowledged having 
received from the Program Director copies of a police report and a statement 
to the Program Director filed by Street Artist Mario Hernandez against Street 
Artist Manuel Loli. 

Mr. Hernandez testified to photographing Mr. Loli and Street Artist Oscar 
Bevilacqua selling in illegal locations on Jefferson Street and Mr. Loli 
aggressively pursuing him and butting his head against Mr. Hernandez's head. 

In response to questions by the Commissioners and the Program Director, 
Street Artist Kathleen Hallinan testified to her observation of the incident 
(that Mr. Loli aggressively pursued Mr. Hernandez and that, while she did not 
see him butt his head against him, she saw Mr. Hernandez's hat abruptly fall 
off his head). 

Attorney Kathleen Morgan cross-examined Ms. Hallinan and submitted a copy 
of a paper signed on the day of the incident by Ms. Hallinan and by artist 
Oscar Bevilacqua as witnesses to a signed statement by Mr. Loli (alleging that 
Mr. Hernandez pushed and threatened him). 

Street Artist Oscar Bevilacqua, in response to questions by the Commissioners 
and the Program Director, testified to his observation of the incident, which 
contradicted Ms. Hallinan 's testimony, and testified to the character of Mr. 
Loli and the character of Mr. Hernandez. 

Street Artist Manuel Loli, with the assistance of his attorney, defended 
himself. 

Street Artists Enrique Perez and Mike Hanley and non-street artist Darlene 
Frazier each expressed conflicting views of the character of Mr. Loli and Mr. 
Hernandez but did not witness the incident. 

After closure of public testimony, Commissioner Johnston stated he did not 
perceive a consensus or preponderance of evidence nor sustenance of damage 
to sustain the charge against Mr. Loli. 

Commissioner Cuellar stated that, because the evidence was contradictory, 
he, too, was not prepared to sustain the charge. 

Commissioner Lloyd agreed that evidence from both sides was equal in 
weight. 

Commissioner Johnston stated that it was evident that both Mr. Loli and Mr. 
Bevilacqua, on the day of the incident, had not wanted to be photographed. 
The Commissioner requested Program Director Lazar hereafter to pay close 
attention to Mr. Loli's selling activities. 

Before rendering a decision on the first charge, the Committee heard the 
second charge against Mr. Loli. 

Program Director Lazar outlined the charge of Mr. Loli's allegedly selling 



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items not of his own creation on September 9 and 13, 2006, at Justin Herman Plaza. 
He referred the Commissioners to copies of photographic evidence and notes 
he had previously mailed to them, to Mr. Loli, and to Mr.Loli's attorney. 
Closeups of various items of merchandise were depicted in photos and 
described in notes submitted by members of the Advisory Committee of Street 
Artists and Craftsmen Examiners and by photos submitted by a witness whose 
name was confidential. Mr. Lazar stated that Mr. Loli had never received 
certification to sell the arrowheads, decorated gourds with figures, ceramic 
boxes, hemp and bead jewelry, white smoking pipes, elaborately sculpted 
figures, woven bracelets, and leather coin purses shown in the photos; 
furthermore, the Advisory Committee doubted these items were of Mr. Loli's 
creation. While he had received certification to sell "pipes and jewelry from 
bamboo, leather, clay, and beads," "bottle figurines and incense holders," 
and "wood pipes" of a folding design, the items of these categories shown on 
his display did not appear to be the same items shown in the photos of his 
screenings on file. 

The Program Director stated that the charge of an artist's not selling items of 
his own creation cut to the very heart of the Street Artists Ordinance and the 
Commission's commitment to the voters of the ordinance. Mr. Lazar further 
stated that on June 12, 2006, (three months prior to the incidents) he had 
sent Mr. Loli a written warning against continuing to sell items not of his own 
creation; the warning was based on a police report that Mr. Loli had been 
observed selling commercially manufactured glass smoking pipes. 

Street Artist Susan Pete testified to having taken and submitted the photos as 
evidence of Mr. Loli's display on September 13, 2006, and responded to 
questions from the Commissioners. 

Advisory Committee Members Josie Grant and Susan Tibbon testified to having 
taken the photos and notes as evidence of Mr.Loli's display on September 9, 
2006. In response to questions from the Commissioners, the members stated 
that they had noted Mr. Loli had not been certified to sell the leather coin 
purses nor the bead and hemp jewelry; that his flutes bore a distinctive 
Peruvian painting style and appeared to be imported; and that intricately 
detailed sculptures like those displayed on his table are invariably signed by 
the artist, whereas his were not. 

Attorney Kathleen Morgan produced her client's street artist certificate and 
stated that he was screened for items which, due to his facility, have 
evolved. She submitted photo-close-ups of latex-gloved hands holding some of 
the sculpted items in question in finished and unfinished form, and requested 
a studio visit so that Mr. Loli could prove that he made all the items. 

Mr. Loli stated that, while he had been observed selling the glass pipes, he 
had done so late in the evenings on weekends, like other vendors selling 
different items, and that he never sold such pipes in street artist areas during 
street artist times. He requested a date for a studio visit to demonstrate 
making his own art. 

Street Artist Mike Hanley testified that he witnessed Mr. Loli selling the glass 
pipes he does not make, and that he saw a male vendor sell Mr. Loli the 
pipes. 

Street Artist John Thomey expressed that he doubted Mr.Loli's veracity. 

After public testimony had been received, Commissioner Johnston observed 
that the Street Artists Program relies on self-policing, that it was a permitted 
privilege - not a right - for an artist to sell his wares on the streets, and that 
it was necessary to maintain the integrity of the Program. If the outcome of a 
studio visit were to prove not in Mr. Loli's favor, the Commissioner was 
prepared to sustain the charge against him and recommend denial of renewal 
of his certificate. 

Commissioner Cuellar stated that the Program was about street artists who 
create their own art as opposed to merely augmenting created items. He 
expressed doubt as to whether a studio visit would be worthwhile. 

Commissioner Johnston moved that the first charge against Mr. Loli 
(improper, hazardous conduct of business) be dismissed; that Mr. Loli's 



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certificate be renewed and be subject to findings from a further hearing of (a) the 
charge against Mr. Loli of selling items not of his own creation and (b) the 
charge of selling items not certified by the Arts Commission; and that such 
findings be issued after consideration of findings, relative to the above two 
charges, to be submitted by the Advisory Committee of Street Artists and 
Craftsmen Examiners after conducting a studio visit with Mr. Loli. The motion 
was seconded by Commissioner Lloyd and unanimously approved. 

Commissioner Johnston clarified that if Mr. Loli intended to continue to sell 
glass pipes, he should be able to show the Advisory Committee that he makes 
them, or have his certificate subject to possible revocation. 

4. Hearing and possible motion to approve issuance of certificate or renewal 
of certificate. 

Stephen Noland - Certificate # 7452. Alleged violation: Improper, hazardous 
conduct of business (pushing Arts Commission Advisory Committee member; 
obstructing the duty of Advisory Committee member). 

Street Artist Stephen Noland was present. 

Program Director Lazar informed the Commissioners that a primary witness to 
the incident, as well as the incident of the next agenda item, was, because 
of the length of time taken by the previous hearing, no longer able to be 
present; accordingly, Mr. Lazar requested that the hearing and the hearing of 
the next item be continued. 

Commissioner Johnston requested that the item and the next item be 
continued and that the Program Director attempt to resolve the issues 
between the parties in lieu of a Street Artists Committee hearing. If the issues 
cannot be resolved, the Commissioner said the Committee would hear these 
cases at a future meeting with possible action to be taken on the artists' 
certificates. 

Commissioner Johnston moved to continue the item; the motion was seconded 
by Commissioner Lloyd and unanimously approved. 

5. Hearing and possible motion to approve issuance of certificate or renewal 
of certificate. 

Norma Hanley - Certificate # 7389. Alleged violation: Improper, hazardous 
conduct of business (hitting Advisory Committee member; obstructing the 
duty of Advisory Committee member). 

In keeping with the motion of the previous item, Commissioner Johnston 
moved to continue the item; the motion was seconded by Commissioner 
Cuellar and unanimously approved. 

6. New business. 

Street Artist Kathleen Hallinan stated that there was no room for violence in 
the Street Artists Program, that many artists have requested the Advisory 
Committee to check all artists' wares, and that the artists should allow their 
displays of items to be checked and photographed. 

Street Artist Mike Hanley urged that Advisory Committee members do not 
disrupt potential sales by asking to see the artists' permits, that the members 
wait until a customer leaves before asking to see the permit or questioning 
the artist. Mr. Hanley stressed the importance of having the Advisory 
Committee check the wares, as he did not wish to see imported glass pipes 
continuing to be sold near him. 

Street Artists Susan Pete and Enrique Perez questioned the Program 
Committee on details of the Manuel Loli case, to which Commissioner 
Johnston replied that the matter was closed and would not be discussed until 
heard at a future meeting. In the meantime, public documents relative to the 
case could be viewed at the Program Director's office. 

Street Artist Michael Addario requested a commitment from the Committee to 
publish a street artist attrition list in the near future, so that invalid permits 



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could be ascertained by Lottery Committee members. He illustrated the problem by 
stating that recently the artists had for six months tolerated the presence of a 
former certificate-holder who was showing what the artists discovered later 
was a bogus certificate. 

Program Director Lazar stated that he would be willing to meet with Mr. 
Addario and other artists on inventing a procedure less cumbersome than that 
of the previous attrition list procedure. 

Commissioner Johnston adjourned the meeting at 5:40 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 

hi 11/21/06 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
November 08, 2006 



STREET ARTISTS COMMITTEE 
Wednesday, November 8, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1. Hearing and possible motion to approve issuance, renewal, suspension, or 
revocation of certificate 

Manuel Loli - Certificate # 6040. Alleged violations: (1) Selling items not of 
the artist's own creation (arrowheads, gourds with figures, ceramic boxes, 
hemp and bead jewelry, pipes, purses); (2) Selling items not certified by Arts 
Commission, (hearing continued from October 11, 2006 meeting) 

(In its hearing on October 11, 2006, the Street Artists Committee moved that 
Mr. Loli's certificate be renewed and be subject to findings from a further 
hearing of (a) the charge against Mr. Loli of selling items not of his own 
creation and (b) the charge of selling items not certified by the Arts 
Commission; and that such findings be issued after consideration of findings, 
relative to the above two charges, to be submitted by the Advisory Committee 
of Street Artists and Craftsmen Examiners after conducting a studio visit with 
Mr. Loli.) 

2. Hearing and possible motion to approve proposal for Arts Commission to 
require chairperson of street artist Lottery Committee to attend all Street 
Artists Committee meetings, (proposal submitted by street artists) 



3. Hearing and possible motion to approve proposal to amend street artist 
lottery procedure to allow any street artist who misses a main lottery to be 
given a last number at the following day's sign-in of the same lottery 
period, (proposal submitted by street artists) 



4. Street Artists Program Director's Report 



5. New Business 



6. Adjournment 



November 2, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



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The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunsriine/ 



Chapter 67 of the San Francisco Administrative Code on the Internet, 
http://www.sfgov.org/sunshine/ 



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(steov 

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sfgov I residents | business | government | visitors | online services | search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



November 08, 2006 

STREET ARTISTS COMMITTEE 

Wednesday, November 8, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 



Members present: Commissioners Alexander Lloyd, Jose Cuellar, P. J. Johnston 



Members absent: none 



Staff present: Street Artists Program Director Howard Lazar 



Commissioner Lloyd, Chair, called the meeting to order at 3:02 p.m. At the request of 
Commissioner Lloyd, Commissioner Johnston chaired the meeting. 



Street Artists Program Director's Report. 

Street Artists Program Director Howard Lazar submitted a request of Street Artist Bill 
Clark for an amendment to the Committee's minutes of September 13, 2006. 

Commissioner Johnston moved that the minutes of September 13, 2006 be amended by 
deleting from the third paragraph of Item 2 the statement "Street Artist Bill Clark stated 
that he had tried to get the merchants to attend today's meeting" and by inserting the 
statement "Street Artist Bill Clark stated that he was disappointed that the Program 
Director did not notify the merchants about the hearing on the item because he had 
asked that the item be put on the agenda without requesting a motion in order for the 
merchants to express their opinions and the committee to hear the item without the 
pressure of having to take an immediate vote." The motion was seconded by 
Commissioner Lloyd and unanimously approved. 

Hearing and possible motion to approve issuance, renewal, suspension, or 
revocation of certificate 

Manuel Loli - Certificate #6040. Alleged violations: (1) Selling items not of the 
artist's own creation; (2) Selling items not certified by Arts Commission. (Hearing 
continued from October 1 1, 2006 meeting.) 

Street Artist Program Director Lazar reported that on November 2, 2006, the Advisory 
Committee of Street Artists and Craftsmen Examiners, at the request of the Street 
Artists Committee, conducted a studio visit with Manuel Loli to verify whether he 
created all of the items for which he had been cited in violation. In addition, the Street 
Artists Program had provided an interpreter for Mr. Loli during the entire studio visit. 
However, the Advisory Committee had not yet published its findings, and none of the 
Advisory Committee's members were able to be present for questioning at this, the 
November 8, 2006 hearing. 

Commissioner Lloyd moved that the hearing with Mr. Loli be continued to the 
following month; the motion was seconded by Commissioner Johnston and 
unanimously approved. 

Under public comment, Street Artist Michael Addario commented on the costs for the 
Program of having to provide an interpreter for Manuel Loli at his studio visit and each 
of his hearings. 

Street Artist Edward Steneck stated that he vehemently objected to the Program's 
having to provide an interpreter and that, in his opinion, Mr. Loli, with whom he had 



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spoken for years, did not require one. Mr. Steneck called it a "sham" costing the other artists in 
the Program a good deal of money. He wanted to see a procedure established for the 
Program Director to require a test to verify the need for an interpreter for any artist 
requesting one. 

3. Hearing and possible motion to approve proposal for Arts Commission to require 

chairperson of street artist Lottery Committee to attend all Street Artists 
Committee meetings. (Proposal submitted by street artists.) 

Program Director Lazar stated that, after speaking with the submitters of the proposal, 
Street Artists Bill and Bob Clark, it was his understanding that the proposal was for the 
Arts Commission not to require but to request the chairperson of the Lottery Committee 
to attend the Street Artists Committee meetings. 

Street Artist Bill Clark stated that the Program Director's understanding was correct. 
The purpose would be for the Lottery Committee chairperson to be able to inform the 
artists of business discussed and/or acted on by the Street Artists Committee. He further 
stated that if the chairperson were unable to attend, another Lottery Committee member 
could be requested to attend; if no member were available, then a non- 
LotteryCommittee street artist could be asked to attend. 

Street Artist Susan Pete stated that the proposal should be approved as a requirement; 
otherwise, Lottery Committee people would not be motivated to attend. She further 
commented that artists looked to Lottery Committee members for current Program 
information. 

Street Artist Michael Addario stated that he started a Google group, now comprised of 
eighty street artists, for the sharing of Program information. The problem was that some 
street artists did not have computers, while others did not speak English, and therefore 
did not receive current information. Their only "lifeline" to such information, he said, 
was through the Lottery Committee members. He felt that the proposal from the Clarks, 
therefore, was a good idea. 

Commissioner Lloyd stated that he favored changing the word "require" to "request" 
and leaving an option for the future strengthening of the proposal if necessary. 

Commissioner Cuellar stated that he favored notifying all Lottery Committee members 
of Street Artists Committee meetings, as well as furnishing them with minutes of the 
meetings. 

Program Director Lazar responded that, for years, he had sent Street Artists Committee 
agendas and other notices to Lottery Committee members for dissemination, but the 
Lottery Committee members stopped sharing the information with the other artists. 
Perhaps that was why the Clarks were urging the Commissioners to request Lottery 
members to attend. 

Commissioner Lloyd stated that it would be a good step for the Program for the 
chairperson to attend, and that he wanted to meet with the chairperson. 

Commissioner Johnston stated that he favored the word "request" over "require", as he 
did not feel it would be appropriate for the Street Artists Committee to support the item 
as a requirement. 

Street Artist Edward Steneck commented that most street artists are interested in what 
happens at the Street Artists Committee meetings, but they are not interested in 
spending the time and parking costs to attend. Many of the artists know that he, Mr. 
Steneck, attends regularly, and they approach him the next day for the information. 

Mr. Clark stated that one reason he did not want to see the proposal as a requirement 
was because it would discourage some artists from being a Lottery Committee 
chairperson. 

Street Artist Bob Clark stated that his brother and he were also suggesting that if a 
Lottery Committee chairperson or other member would not be able to attend, another 
member should be asked to take their place; in this way, the responsibility could be 
shared among the group of members. Furthermore, there would be no overtones of 
politics with the members' simply reporting Street Artists Committee information to the 
rest of the artists. 

Commissioner Johnston moved to replace the word "require" with the word "request" 
and to approve the proposal for the Arts Commission to request the chairperson of the 
street artist Lottery Committee to attend all Street Artists Committee meetings; the 
motion was seconded by Commissioner Cuellar and unanimously approved. 



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4. Hearing and possible motion to approve proposal to amend street artist lottery 

procedure to allow any street artist who misses a main lottery to be given a last 
number at the following day's sign-in of the same lottery period. (Proposal 
submitted by street artists.) 

Street Artist Bill Clark explained the current lottery procedure with respect to an artist 
receiving a "last number" after all other numbers are drawn. As long as the lottery sign- 
in process is occurring, anyone showing up late may be given a last number. He wanted 
to see that an artist with a last number would be able to use it on either the second or 
third day of a lottery period. This would be instead of the artist having to compete in a 
main lottery with other artists who had obtained their numbers the previous day and 
used their numbers to obtain spaces the previous day. Mr. Clark responded to questions 
from the Commissioners. 

Program Director Lazar clarified lottery procedures with respect to artists of a main 
lottery retaining their ranking numbers for use in obtaining spaces on the following day. 

Street Artist Michael Addario commented that this change in the lottery procedure 
would make the procedure more complicated. He opposed the proposal because the 
lottery no longer requires a street artist to be present in order to obtain a number; an 
artist is able to call another artist to put his name into the lottery and thereby obtain a 
number for him. 

Street Artist Bob Clark stated that the whole concept of the proposal is to make it as 
easy as possible for the artists to obtain the best numbers. That was why, after twenty 
years of lottery procedure, his brother and he proposed an amendment, which was 
approved by the Arts Commission, to allow an artist to put another artist's name into the 
lottery. But what about the artist who does not know anyone who could put his name in 
or is unable to reach anyone? All that was now being proposed, he said, was to extend 
the benefit of receiving a last number to the next day of a lottery period in order to make 
it more equitable for everyone. 

Street Artist Susan Pete expressed agreement with Mr. Addario and urged the 
Commissioners to communicate the proposal and its issues before adopting it. 

Further, more detailed, discussion ensued with the Clarks responding to questions by 
the Commissioners. 

Commissioner Johnston acknowledged the concerns of Ms. Pete and Mr. Addario but 
expressed that he was moved by the argument that situations could arise from artists 
relying on other artists to put their names into a lottery. He felt that it was reasonable to 
try implementing the proposal; if does not work out, the Street Artists Committee could 
consider rescinding it. 

Commissioner Lloyd commented that the one compelling argument was that there were 
artists who do not have friends or others who could enter their names into the lottery. It 
would only be fair to allow them a better opportunity to obtain a space on the following 
day. If it were found that the measure disrupts the lottery, he would be ready to review 
it with the possibility of rescinding it. 

Commissioner Cuellar moved to adopt the proposal to amend the street artist lottery 
procedure to allow any street artist who misses a main lottery to be given a last number 
at the following day's sign-in of the same lottery period; the motion was seconded by 
Commissioner Johnston and unanimously approved. 

5. New Business 

Street Artist Edward Steneck reiterated his earlier comment that the Program Director 
should establish a test to determine whether it would be necessary for the Program to 
hire an interpreter for a street artist's violation hearing. 

Program Director Lazar objected to this on the grounds that it would be prejudicial for 
him, as well as a conflict of interest, if he were to be the one to determine whether an 
artist he is prosecuting can understand or not understand English. 

Commissioner Johnston commented that the cost to the Program of providing an 
interpreter would be insignificant compared with the costs incurred in a lawsuit filed 
against the Commission. 

Mr. Steneck protested that if the Program had to provide such a service continuously, 
the costs would escalate and so would the artist's license fees. 

Mr. Lazar reported that Street Artists Bill Clark and Bob Clark had informed him that 
they had heard on the news of the existence of a governmental agency that would 



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provide interpreters without charge to persons who could not speak English. Mr. Lazar wanted to 
pursue this. The Commissioners asked him to look into it. 

Street Artist Bob Clark stated that, if it is found that the Commission is responsible for 
providing interpreters, a system has already been established whereby the Commission 
can recover such costs. When the Commission finds an artist in violation, it can transmit 
this information to the District Attorney, who can then file criminal charges. If the artist 
is fined, the collected fine can revert to the Street Artists Program. He urged the 
Commissioners to send their findings of violation hearings to the District Attorney. 

There being no further business, Commissioner Lloyd adjourned the meeting at 3:55 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 

January 3, 2007 



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(SFGOV 

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sfgov I residents | business I government | visitors | online services I search I 
Meetings >> Street Artists Committee Meetings 




San Francisco Arts Commission 



December 13, 2006 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, December 13, 2006 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, December 13, 2006 has been cancelled. 

December 5, 2006 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the peoples business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@ sf gov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http:// www.sfgov.org/sunshine / 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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sfac: January 10, 2007 meeting cancelled 



Page 1 of 3 



(SFGOV 






sfgov I residents | business | government | visitors I online services I search 



Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 




January 10, 2007 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, January 10, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, January 10, 2007 has been cancelled. 

January 3, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Governments duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.or g. 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, htt p ://www.sfgov.org/sunshine/ 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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Meetings >> Street Arti sts Committee Meetings 

San Francisco Arts Commission 
February 14, 2007 

STREET ARTISTS COMMITTEE 
Wednesday, February 14, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




Agenda 



1 . Presentation of Street Artists Program budget for Fiscal Year 2007-08. 



2. Hearing on Arts Commission procedures, adopted June 7, 1993, for waiving 
the street artist certificate fee for any honorably discharged veteran who is 
physically unable to obtain a livelihood by manual labor, (hearing requested 
by street artists) 



Hearing and possible motion to approve a letter by the Arts Commission to 
the Port Commission requesting legal enforcement against all unlicensed 
street vendors on Port property, (hearing requested by street artists) 



4. Street Artists Program Director's Report 



5. New Business 



6. Adjournment 



February 2, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 30 Van Ness, Suite 3900, San 
Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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PUBLIC LIBRARY 



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Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www. sfgov.org/sunshine/ 



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(SFGOV 

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sfgov I residents | business I government | visitors | online services | search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



February 14, 2007 



STREET ARTISTS COMMITTEE 

Wednesday, February 14, 2007 

3:00 p.m. 

25 Van Ness Avenue, Suite 70 



Minutes (as amended by March 14, 2007 meeting) 

Members present: Commissioners Alexander Lloyd, Jose Cuellar, P. J. Johnston 

Members absent: none 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists Program 
Director Howard Lazar 

Commissioner Lloyd, Chair, called the meeting to order at 3:15 p.m. 

1 . Presentation of Street Artists Program budget for Fiscal Year 2007-08 

Street Artists Program Director Howard Lazar presented the Street Artists 
Program budget for fiscal year 2007-08. He discussed the history of the current 
street artist certificate fee. In October, 2003, the Board of Supervisors, at the 
request of the Arts Commission, passed Ordinance 240-03 which raised the 
artists' fee in three increments to the present annual fee of $419.20. The fee 
amount has remained for two years: 2005-06 and 2006-07. With the anticipated 
fee revenue and usage of the Program's accumulated fee savings from prior 
years, the Program Director proposed that the fee remain for a third year. 

Mr. Lazar described the Program's expenses. He reported on the actual fee 
revenue and expenses of 2005-06 and the projected revenue, expenses, and 
usage of the savings to offset the deficits for 2006-07 and 2007-08. The revenue 
was based on 390-400 artists. By the end of 2007-08, the savings was projected 
to be depleted. The expenses of 2008-09 would necessitate a new fee. 

Through the Chair, the Program Director responded to questions by Street 
Artist Bob Clark. Mr. Lazar stated that the 390-400 street artists figure included 
the present thirteen honorably discharged disabled veterans whose fees are 
waived; and he had not yet calculated a new fee for 2008-09. 

Street Artist Mike Addario stated that he surmised that the new fee for 2008-09 
would be increased by approximately fifty dollars. 

Mr. Clark stated that a more accurate figure would reflect the number of 
artists minus the thirteen non-paying veterans. 

2. Street Artists Program Director's report 

Mike Hanley magazine cover. Program Director Lazar introduced Street Artist 

Mike Hanley and submitted a copy of the January edition of greenkind 

magazine whose cover showed a photo blowup of one of Mr. Hanley's cut-coin DOCUMENTS DE 

pendants. The next edition will feature a story on Mr. Hanley. The 

Commissioners congratulated him. mdw o o onm 

Nuy 2 o ZUuV 

Union Square Business Improvement District enforcement assistance. 

Program Director Lazar praised the efforts of the Union Square Business SAN FRANCISCO 

Improvement District ("BID"), headed by Leigh Ann Baughman, whose PUBLIC LIBRARY 

ambassadors (among their varied duties) assist Mr. Lazar by monitoring street 



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artists and sending him e-mail photos daily of alleged violators. This permits 
the Program Director to issue written warnings or take stronger steps against 
the violators. Thanks to the BID'S monitoring, the Program Director observed 
general street artist compliance with the rules onMarket Street-even during 
the critical winter holiday selling season. 

Program Director enforcement activities. Since July, 2006, the Program 
Director issued four written warnings resulting from BID monitoring; twelve 
warnings resulting from monitoring by the Program's Advisory Committee of 
Street Artists and Craftsmen Examiners and from complaints by various artists; 
and six notices of intent to not renew artists' certificates. In addition, Mr. 
Lazar, as hearing officer, conducted four hearings with artists of alleged 
repetitive violations. 

Acknowledging the beneficial assistance of the BID, Commissioner Lloyd asked 
that the Program consider eliciting the help of local business organizations in 
enforcement of the other street artist districts. This would be a low-cost 
measure to protect the artists who follow the rules. 

Request by Manuel Loli for renewal of certificate. Mr. Lazar reported that 
Manuel Loli, who faces a final hearing next month on alleged violations, came 
to the Program office and requested that his certificate be renewed. Mr. Lazar 
refused, in keeping with the Commission's procedure to deny renewal of an 
alleged violator's certificate pending outcome of hearing. He invited Mr. Loli to 
attend today's meeting in order to request the Commissioners to order a 
renewal of his certificate. Unless the Commissioners were to direct a renewal, 
the refusal would be maintained until the outcome of Mr. Loli's hearing. 

Mr. Loli was not present. 

Commissioner Johnston noted that Mr. Loli had asked the Program Committee 
to postpone his hearing of last December because it conflicted with his selling 
in a fair. The Commissioner stated that he was not persuaded to renew the 
certificate at this time. 

Commissioners Cuellar and Lloyd concurred and stated that the Program 
Director had acted appropriately. 

3. Hearing on Arts Commission procedures, adopted June 7, 1993, for waiving 
the street artist certificate fee for any honorably discharged veteran who is 
physically unable to obtain a livelihood by manual labor (hearing requested 
by street artists) 

Program Director Lazar explained that, during the years 1988-1993, the 
Program received an opinion and subsequent clarification from the City 
Attorney's office that (a) honorably discharged veterans who are unable to 
earn a living by manual labor are exempt from paying the street artist 
certificate fee; (b) such veterans are not exempt from following the street 
artist regulations; and (c) such veterans, while unable to earn a living by 
manual labor, could still qualify as street artists making handcrafted items. 
Thereupon the Arts Commission, on June 7, 1993, approved procedures, 
drafted by the City Attorney, for waiving the fee for such veterans in keeping 
with California Business and Professions Code Sections 16001 and 16001.5. At 
present, there are thirteen individuals in the Program whose fees have been 
waived. 

In preparation of today's hearing, the Program Director had forwarded to the 
Commissioners most of the e-mail arguments he had received from various 
street artists for and against the procedures. 

In response to questions from the Commissioners, Mr. Lazar stated that the 
Program had not received additional information on the matter from the City 
Attorney since the time the Commission adopted the procedures. 

The Commissioners listened to a full and lengthy presentation of arguments and 
documents by Street Artist Bill Clark who objected to the procedures. Citing 
references to the California Business Code, various City Attorney opinions from 
1976 through 1988, Merriam Webster's 1996 Dictionary of Law, and a 1976 
letter by former Arts Commission Director Martin Snipper, Mr. Clark objected 
on the following grounds: (a) state law provides an exemption only from a 



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license or permit and therefore does not apply to the Arts Commission which 
issues a certificate, not a license or permit; (b) if a person does qualify for a 
fee exemption, it is the Board of Supervisors-not the Arts Commission-which 
should grant the exemption; and (c) the Arts Commission certifies handmade 
items which require manual labor for their production; therefore, a person who 
passes such certification proves that he can obtain a livelihood through manual 
labor, which thereby proves that he is not eligible for a fee waiver. Mr. Clark 
asked that the Commission request a written response from the City Attorney 
on his three points. 

To questions by Commissioner Lloyd, Mr. Clark stated that he did not feel he 
should have to pay a higher fee if the law was not being interpreted properly. 

To questions by Commissioner Cuellar, Mr. Clark stated that he had studied 
law, had written the original street artist ballot measure, and had helped 
establish a program for people to earn a livelihood by making handmade 
products by manual labor. 

In response to a question by Commissioner Lloyd, Program Director Lazar stated 
that it was his understanding that the City Attorney had previously responded 
to the issue of "manual labor" but had not addressed the issues, now raised by 
Mr. Clark, of a "legislative body" waiving the fee and the distinction between a 
"permit" and a "certificate" in the context of the veteran fee waiver 
procedures. 

Commissioner Lloyd called for further public comment. 

Street Artist Mike Hanley discussed California's passage of a business and 
professions ethic code in 1954 which, he said, sought to help veterans whose 
injuries did not appear until years after service. Such veterans became 
unemployable because their workers' compensation claim files with the State 
were being accessed by potential employers who then decided to not employ 
them. Many of Mr. Hanley's own injuries did not present themselves until years 
after he had returned home. He became unemployable until he entered the 
Street Artists Program as a coin-jewelry cutter. Because term "manual labor" 
in state law referred to the type of labor which an honorably discharged 
veteran was doing prior to no longer being physically able to do it, his street 
artist fee was waived; state law, therefore, protected veterans who were 
injured in combat. Thanks to the Street Artists Program, he said, his wife and 
he were able to buy a home. 

Commissioner Lloyd thanked Mr. Hanley for his service and his comments. 

Street Artist Bob Clark stated that his brother and he were referring to the 
state's Business Code Section 16001 .5 on which the City Attorney made rulings 
and which contained reference to "manual labor." Bob Clark stated further 
that the particular law on which the City Attorney made his rulings does not 
define "manual labor," as Mike Hanley says, as labor that a person was doing 
preceding their injury. It only says "manual labor", period. Mr. Clark invited 
Mr. Hanley to submit the law to scrutiny, since the law that the City Attorney 
was clarifying does not include Mr. Hanley's definition of "manual 
labor". Secondly, he said that while the issue should be at the Board of 
Supervisors, the Board had designated the Arts Commission to hear street artist 
issues first before being addressed at the Board. This was why the Clarks 
brought the matter to the Commission. 

Street Artist John Thomey reiterated Mr. Hanley's reference to state law's 
definition of "manual labor." 

Closing public comment, Commissioner Lloyd stated that, since the City 
Attorney had already advised on the matter, given the spirit of the law which 
the Commissioner felt was clear, and given the present situation of many 
veterans returning with devastating injuries, the Commission should continue 
granting waivers of fee for disabled veterans. The recourse for the Clarks would 
be to submit the issue to the Board of Supervisors. 

Commissioner Johnston stated that he did not intend to request a new City 
Attorney opinion, and that he found the arguments presented by the Clarks 
offensive to veterans, particularly to disabled veterans. 



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Commissioner Lloyd thanked the Clarks for their input and asked that the 
Committee hear the next agenda item. 

4. Hearing and possible motion to approve a letter by the Arts Commission to 
the Port Commission requesting legal enforcement against all unlicensed 
street vendors on Port property (hearing requested by street artists) 

Program Director Lazar stated that this item was brought to the Committee at 
last September's meeting by Street Artist Mike Addario. Mr. Lazar reviewed the 
locations of the street artist spaces on Jefferson Street and submitted photos 
taken by Mr. Addario of the daily activities of nearby unlicensed vendors. The 
photos showed oversized illegal displays-three to five times as large as the 
regulated street artist displays-interfering with pedestrian right-of-way. 

Mr. Lazar also submitted copies of a letter by Street Artist Kathleeen Hallinan 
with whom he had worked several years ago in requesting the Port's approval 
of street artist spaces which would replace the unlicensed vendors with artists 
abiding by rules of safety and conduct. Port personnel, however, had sided 
with the Fisherman's Wharf Merchants Association which had refused to 
tolerate the presence of street artists across from the shops. As a result, Port 
personnel had refused to calendar a hearing on the proposal. 

Mr. Lazar, echoing Ms. Hallinan's letter, described how the aerosol fumes of 
unlicensed spray paint vendors on Jefferson Street had caused headaches in 
street artists in nearby legal spaces, and how the Public Health Department, 
when notified by Mr. Lazar, had determined that the distance of the spray 
paint vendors mitigated any air-quality problems for the street artists. 
Nevertheless, Mr. Lazar had repeatedly urged Port personnel to enforce the law 
against the unlicensed vendors. 

Commissioner Lloyd stated that the integrity of the Street Artists Program 
involved making sure that that people who are not licensed are not allowed to 
sell on the streets. 

Street Artist Michael Addario gave a presentation of maps of both the legal 
street artist locations and the locations of the unlicensed vendors on Port 
property. He presented photo enlargements of many unlicensed vendors. He 
submitted a June 6, 2006 memo by the Port regarding the adoption of an 
encroachment policy. He also submitted a June 28, 2006 letter to him from 
Miriam Saez of the Port's real estate division regarding the policy. Mr. Addario 
felt that the Port in its view combined the street artists with the unlicensed 
vendors and wanted the artists to control the situation. If that were to be the 
case, Mr. Addario was requesting the Arts Commission to send a letter 
accepting such responsibility only if the Port granted spaces for street artists in 
the areas currently occupied by the unlicensed vendors. 

Commissioner Johnston maintained that the Arts Commission staff were not 
police officers, and that policing issues of Port property have been a problem 
for a long time. He felt that the Arts Commission should attempt to convince 
the Port that it would be wise to move street artists into the areas occupied by 
the unlicensed vendors; the presence of licensed street artists would be more 
of an effective deterrent than police officers on call. The Commissioner called 
for an appeal to the Port in the form of a letter or resolution. 

Director of Cultural Affairs Richard Newirth advised Mr. Lazar to speak with the 
Department of Environment about the spray paint vendors. He himself 
volunteered to telephone his colleagues in other cities to ascertain how they 
manage such problems. 

The Commissioners recommended that the Committee support the Program 
Director's work by submitting a resolution to the full Commission calling the 
Port's attention to the health and safety issues generated by the spray painters 
and other unlicensed vendors and requesting the Port to designate street artist 
spaces. 

There being no further public comment, Commissioner Lloyd adjourned the 
meeting at 4:30 p.m. 

Respectfully submitted: 



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Howard Lazar 

Street Artists Program Director 

June 18, 2007 



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sfgov I residents | business I government | visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
March 14, 2007 



STREET ARTISTS COMMITTEE 
Wednesday, March 14, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

Hearing and possible motion to approve issuance, renewal, suspension, or 
revocation of certificate 

Manuel Loli - Certificate # 6040. Alleged violations: (1) Selling items not of 
the artist's own creation (arrowheads, gourds with figures, ceramic boxes, 
hemp and bead jewelry, pipes, purses); (2) Selling items not certified by Arts 
Commission, (hearing continued from October 11, 2006 meeting) 

(In its hearing on October 11, 2006, the Street Artists Committee moved that 
Mr. Loli's certificate be renewed and be subject to findings from a further 
hearing of (a) the charge against Mr. Loli of selling items not of his own 
creation and (b) the charge of selling items not certified by the Arts 
Commission; and that such findings be issued after consideration of findings, 
relative to the above two charges, to be submitted by the Advisory Committee 
of Street Artists and Craftsmen Examiners after conducting a studio visit with 
Mr. Loli. The studio visit was conducted on November 2, 2006; the Advisory 
Committee's findings will be considered by the Street Artists 
Committee relative to Item 1 of this agenda.) 



2. Street Artists Program Director's Report 



3. New Business 



4. Adjournment 



March 7, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 



DOCUMENTS DEPI 
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Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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sfgov I residents | business I government | visitors | online services I search f 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
March 14, 2007 




STREET ARTISTS COMMITTEE 
Wednesday, March 14, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 

MINUTES 

Members present: Commissioners Alexander Lloyd, Jose Cuellar, P. J. 
Johnston 

Members absent: none 

Staff present: Director of Cultural Affairs Richard Newirth, Street Artists 
Program Director Howard Lazar 



At the request of Commissioner Lloyd, Commissioner Johnston chaired and called the 
meeting to order at 3:07 p.m. 



1. Street Artists Program Director's Report 

Expression of gratitude for Director of Cultural Affairs Richard Newirth. Street 
Artists Program Director Howard Lazar thanked Director of Cultural Affairs 
Richard Newirth for "working with me and standing behind me on street artist 
issues for eleven years; and I have to say this: of all the Directors I've worked 
under at the Arts Commission, he is the only Director who has come to these 
[Street Artists Committee] meetings with me, and in eleven years, to my 
memory, he has only missed three of them - a couple of times when he was at 
home ill and one time when he was out of town. I've really enjoyed that luxury 
of having him here to help me with sometimes enormous issues. Thanks, Rich." 

Commissioner Johnston informed the audience that Mr. Newirth had announced 
that he was resigning, but that he would remain in office until the end of the 
month whereupon the Commission would give him a big sendoff at the full 
Commission meeting in April. The Commissioner invited everyone to attend. He 
further expressed his appreciation, as a Commissioner on the Street Artists 
Committee for four years, of Mr. Newirth's guidance and participation in 
discussions of the issues. 

Introduction of Police officer. Mr. Lazar introduced Officer Noel De Leon, San 
Francisco Police Department, who took over the Fisherman's Wharf beat and had 
become familiar with the licensed street artists as well as the illegal activities of 
unlicensed vendors in the area. Mr. Lazar had asked the officer to attend 
today's meeting to further his understanding of Arts Commission procedures in 
street artist certification and violation hearings. 

Letter to Port Commission. Following the Arts Commission's March 5, 2007 
resolution, Director of Cultural Affairs Newirth wrote to Port Commission 
Director Monique Moyer requesting the Port to replace the unchecked activities 
of unlicensed vendors by well-regulated, licensed street artists in designated 
spaces on Port property, and requesting her staff to meet with Program Director 
Lazar. 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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Request for amendment to February 14, 2007 minutes. Mr. Lazar submitted a 
letter from street artists Bill and Bob Clark requesting an amendment of 
additional language to the minutes of the Committee's meeting of February 14, 
2007. 

Commissioner Cuellar moved that page 4 of the February 14, 2007 minutes of the 
Street Artists Committee meeting be amended by inserting the following wording 
(bold print) between the words "... reference to 'manual labor' " and "Secondly, 
he said ...": "Bob Clark stated further that the particular law on which the 
City Attorney made his rulings does not define "manual labor, " as Mike 
Hanley says, as labor that a person was doing preceding their injury. It only 
says 'manual labor, ' period. Mr. Clark invited Mr. Hanley to submit the law 
to scrutiny, since the law that the City Attorney was clarifying does not 
include Mr. Hanley' s definition of 'manual labor.'" The motion was seconded 
by Commissioner Lloyd and unanimously approved. 



Hearing and possible motion to approve issuance, renewal, suspension, or 
revocation of certificate 

Manuel Loli - Certificate # 6040. Alleged violations: (1) Selling items not of the 
artist's own creation (arrowheads, gourds with figures, ceramic boxes, hemp and 
bead jewelry, pipes, purses); (2) Selling items not certified by Arts Commission. 
(hearing continued from October 11, 2006 meeting) 

(For the hearing, the Street Artists Program again retained the service of a 
Spanish-to-English interpreter, Ms. Lesley Walker of Auerbach International, who 
simultaneously interpreted the proceedings for Mr. Loli and interpreted his 
statements for the Commissioners.) 

Commissioner Johnston stated that the Committee had spent a great deal of 
time in hearing the case last October, which involved a presentation of facts 
submitted by staff and a rebuttal by Mr. Loli and his representative. The 
Committee had decided to continue the hearing to allow for the submittal of 
further testimony. Due to scheduling reasons on both sides, the matter was 
continued to March. 

Program Director Howard Lazar outlined the history of the case from initial 
issuance of warning to Mr. Loli and up to the present hearing. The outline 
highlighted the Street Artists Committee's action on October 11, 2006: so that 
Mr. Loli would be allowed to sell during the winter holiday season, the 
Commissioners waived the Commission's procedure and authorized the renewal 
of Loli's certificate "subject to findings from a further hearing of (a) the charge 
against Mr. Loli of selling items not of his own creation and (b) the charge of 
selling items not certified by the Arts Commission; and that such findings be 
issued after consideration of findings, relative to the above two charges, to be 
submitted by the Advisory Committee of Street Artists and Craftsmen Examiners 
after conducting a studio visit with Mr. Loli. " 

With regard to the studio visit made by all four members of the Advisory 
Committee on November 2, 2006, the Advisory Committee, in its report with 
accompanying photos, determined that (a) Mr. Loli could not prove that he made 
sixteen different crafts that he had been observed selling; and the Committee 
determined that (b) he could prove that he made only three crafts that he had 
been observed selling but had failed to submit previously for examination and 
certification. Therefore, the Advisory Committee's findings supported both 
charges of (a) and (b) as stated by the Street Artists Committee at the October 
11, 2006 hearing. 

Mr. Lazar further reviewed that the Commissioners had supported his refusal to 
renew Mr. Loli's certificate when it came up for renewal in February, 2007, 
pending the outcome of his hearing. Nevertheless, Mr. Loli subsequently was 
observed by the Program Director on March 2, 2007, selling while his certificate 
was expired. Mr. Lazar also reported that he had been notified by a street artist 
that Mr. Loli had sold on February 26, 2007; and still another artist had written 
that Mr. Loli had been observed selling on a regular basis on the weekends in 
street artist spaces outside The Cannery. 

The Commissioners reviewed the report and photos of the Advisory Committee's 
studio visit. At the request of Commissioner Johnston, Advisory Committee 



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members Susan Tibbon and Josie Grant stated their observations and findings of 
their studio visit with Mr. Loli. 

Ms. Tibbon stated that they had observed a well-used workshop containing a 
variety of arts and crafts materials and a variety of tools; a number of finished 
items that looked like they might be ready to be sold, as well as some items in 
progress (half-finished or three-quarters finished). However, in terms of the 
amount of stock of each item, "there was almost no stock at all." She went on 
to say that Mr. Loli had told them that his stock was in Oakland, awaiting sale in 
a show. Nevertheless, in terms of the main items that Mr. Loli had been observed 
selling, the Advisory Committee tried to ascertain whether all the raw materials 
for the items were present in his studio, but almost all raw materials were not 
present for the majority of his items. 

Ms. Grant stated that Mr. Loli's workshop was very small, and that the great 
facility he showed was in his craft of Fimo (polymer clay) sculptures on pipes; 
although some of the pipes he showed that he was making were not the pipes he 
had been observed selling. With regard to the detailed, handpainted flutes that 
he had been observed selling, he was able to show the Committee some 
handpainted flutes and their materials, "but they really were not the same 
flutes. He had a variety of flutes that he sold and there were a few that did 
match, but the ones that were really detailed ... were much more of something 
that I would have expected to find in Ecuador or as imported items, and he did 
not show us that kind of detailing." While he did produce many of his own 
pieces, Ms. Grant stated, the Advisory Committee members agreed to allow him 
to sell the pieces he made, "but he was" observed "selling pieces, even to his 
own admission," for which he had not previously received certification. 

Commissioner Johnston asked Ms. Tibbon and Ms. Grant whether it was the 
assessment of the Advisory Committee that the studio visit reflected the fact 
that Mr. Loli had been selling items that were not of his own creation. Ms. 
Tibbon and Ms. Grant responded in the affirmative. 

Commissioner Johnston asked whether there were items that had not been 
certified but were of his own creation. Ms. Tibbon and Ms. Grant responded in 
the affirmative. 

Commissioner Johnston requested Mr. Loli to respond to the two violations for 
which he was charged and to respond to the information received at today's 
hearing. 

Through the interpreter, Mr. Loli stated that he could summarize the issues in 
two questions. "The first is that in these hearings there's been a lack of 
communication ... When we met for the first time, my letters were not 
mentioned at all, the letters that had been written" about a person who was 
against him. 

At Mr. Loli's request, the interpreter read from a written statement he had 
prepared: "Also, no mention was made and no decision was made about the 
threats and harsh statements made to me by the woman" who was his 
"competition. ... Mention was made ... about the statements that were made 
against me. However, mention was made about the two letters that were 
brought up. On the other hand, the complaints that the previously mentioned 
people made against me were believed, and their side was taken, and this was 
harmful to my moral integrity, and it harmed my artistic ability and intellectual 
ability. In this very room, the two women that had gone to my workshop accused 
me of not making my art, and they didn't believe that I made my art. So they 
took the side of my competition. They said, 'He doesn't make anything that he 
sells.' Without having investigated, they had already taken this position against 
me. So my question is: Isn't that a coincidence between the people who claim to 
be my competition and these two women? The answer is simple. These women 
have feelings and interests that are in conflict. They are friendly with my 
competition ... Those feelings and interests that are a conflict are a reason to 
eliminate me as competition and as an artist. This is called discrimination and 
favoritism." 

Mr. Loli's statement went on to say that the Commissioners held "a preconceived 
notion at [the previous] meeting; inside, they thought what my competition 
thought, that the allegation of me not making my work was true, without having 
any proof ... [S] ome members of this committee, acting in a discriminatory way, 



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have taken the side of my competition. ... This is called discrimination, and it 
goes against ... the human right to work. With regard to the rule of the Art 
Commission, despite the discriminatory action and position, I accepted that [the 
Advisory Committee] do an inspection of my workshop. I welcomed them 
respectfully and in a friendly manner. ... If you look at the website of the 
Commission, you will see my name there discredited. Why wasn't I given the 
same opportunity to defend myself? This is discrimination. Another remarkable 
example of discrimination on the part of some members of the Commission can 
be seen in the arbitrary decision to not allow me to work during more than one 
month. That is, before arriving to this meeting, where legally you were to decide 
about my situation, some Commissioners had already taken away my license, had 
refused to renew it ... and prohibited me from working and arrogantly ignored my 
question. ... Discrimination, violation of the right to work, this is enough 
discrimination." 

Mr. Loli's statement invited the Commissioners to prove "step by step" the 
findings made by the Advisory Committee in what he called "their partial and 
subjective report basically discriminatory." 

Mr. Loli submitted a document to the Commissioners, while the interpreter read: 
"The Commissioners have in their hand a report drawn up by an artist who was 
present at the time" of the studio visit. At this point, Mr. Loli spoke: "I had to 
pay to have the report written by the person in my studio that day ... when the 
Commission members were inspecting my studio; and I consider that to be a 
faithful reflection of what happened." The two reports, he said, were in 
conflict: "one, subjective and partial drawn out by the inspectors ... and another 
report that is objective and impartial written up by an artist. ...[W]hat stands out 
is negativity" (in the Advisory Committee report); "there is a reflection of the 
subjectivity and the personal problems that they have against me. Sixteen things 
are made out that I supposedly do not make." 

Commissioner Johnston asked for the name of the person who wrote the other 
report. Mr. Loli replied that it was Jose Loli, an artist, who was at present in 
Washington working at festivals. 

In answer to a question by Commissioner Lloyd, Mr. Loli responded that Jose Loli 
was his brother. 

Program Director Lazar stated that Jose Loli had been a licensee of the Street 
Artists Program. 

The interpreter continued to read: "On the other hand, the objective and 
impartial report shows that I have demonstrated that I make my products," 
including products that were later screened and approved. "In summary, I'm 
being told that I was never approved for the products that I make and sell ... With 
a report and a summary like that with ... intentions that are very manipulative ... 
the dark motives that some members of the Commission are harboring, I 
wouldn't want to think that we are wasting time when you might already have a 
decision ..." 

He said that the complaint against him "began with a petition from my 
competition as represented by the two women inspectors ... The day on which my 
competition made a complaint against me, I had three hundred twenty 
sculptures and thirty-one decorated [pieces] at my stand ... I showed that all of 
these products were manufactured, made by me. Eight percent of my production 
is necklaces and bracelets ... also demonstrated that I made them. Two percent 
of my production are jewelry pieces ... ceramic, bamboo, rock and bone ... I 
believe that I showed how I made them, but the inspectors say the opposite. ... 
Even if we suppose that they are correct, only two percent of my craft is being 
questioned. This would be a reason to take exemplary measures against me? I 
spent one month preparing sculptures, decorations, jewelry, and leather bags, in 
that order, to show the inspectors the work that I do. I left work in different 
festivals for that month, and I did so because I respect the rules and the 
Commission and comply with them. But they say I don't make my work and that 
what I do make I never received a license for." He said that the Advisory 
Committee showed him "a tremendous lack of respect personally ..." 

Commissioner Johnston stated that he had heard enough of the motives and 
urged Mr. Loli to "get to the bottom line." 



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Mr. Loli, through the interpreter, stated: "With all due respect, I ask that you 
take five minutes to understand my position." 

Commissioner Johnston stated that Mr. Loli had restated his position many times, 
that he should wrap up his argument. 

Mr. Loli went on to state: "... [T]hat's how we immigrants are seen. If I didn't 
make my art, gentlemen, I would never have allowed the inspectors to come into 
my workshop. It's that simple. I'm surprised that the inspectors pulled cards 
from their sleeves; for example, they never showed me photographs about an 
arrowhead or a little decorated piece. ... The hairclips, they were never a part of 
the specific complaint, and I was never asked to make one at my workshop. This 
is an unfair point in the report. ... The wooden pipes, they didn't want me to 
show them, saying there was a lack of time ... They say that I didn't show how I 
made my bamboo pipes; I want to say that at my studio I was never asked to 
make my bamboo pipes ... and I showed them other products like ... painting and 
decorations on glass bottles.... They say that I don't make my totem... I have the 
proof here that I make it. ... I do not agree with their investigation method or 
with their dark objectives. I ask them to respect the rules and due process. In 
conclusion, the group's report about my workshop ... is subjective and partial and 
discriminatory ... speaking to favor personal interest, for example, my 
competition, and in order to justify their position, they shamelessly resort to 
frustrating trickery such as manipulation, lies, etc. They don't worry about the 
fact that they're ignoring ethical values and concepts, moral and artistic values 
and concepts, but, even more curious, their conscience doesn't bother them 
when they are depriving me of my right to work ... harming my family and 
throwing by the wayside their own rules that they say they respect. Those who 
have drawn up this subjective and partial report aimed to politically and socially 
harm the community of Asian immigrant artists, Latin immigrant artists, making 
us look ignorant and painting us as illegal ... That is racism and discrimination in 
its worst form." 

Mr. Loli submitted a letter from a person named Roxane Perez, a graduate 
student at Simmons College, in his support. 

Commissioner Johnston reiterated his two questions to Mr. Loli. 

Mr. Loli responded that "When I talk about my art, three issues: I'm talking 
about the sculptures that I make, articles that I decorate, and certain jewelry 
that I make." 

Commissioner Johnston asked him if he sold under the auspices of the Street 
Artists Program artwork that was not his own by the well-established standards 
of the Commission. 

Mr. Loli responded: "I have never sold products in this Program ... that were not 
made or finished by me.... A small ceramic box and a small box [were] the only 
concrete things" of the complaint "that could [infer] that I sell things I don't 
make." He told the Advisory Committee that he did not make the boxes, nor did 
he sell them; they were a gift to him, but the Advisory Committee kept telling 
him that he sold the boxes and didn't make them. 

Commissioner Johnston asked him if he ever displayed or sold items that were of 
his own creation but were not certified. 

Mr. Loli responded that he has been in the Program for four years and has 
developed his art, producing more than five hundred designs. He has a license 
for using the clay and resin that he uses to make his pipes, and he makes exotic 
sculptures. 

Commissioner Johnston asked him if he had been selling on the street with an 
expired certificate. 

Mr. Loli responded: "The only time that I've come out with my art with a 
document that you didn't want to renew for me because it's illegal to take away 
my right to work .... It's true, my good friend Howard is totally right ... that I have 
gone out to sell, but I've gone out with an attitude of protest." 

Commissioner Johnston stated that, in the two hearings, Mr. Loli's ability to 
respond and his side of the story has been respected. He further stated that at 



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the February 2007 meeting of the Street Artists Committee, Mr. Loli had the 
opportunity to challenge the decision to deny renewal of his permit, but he 
failed to appear. The Commissioner further cited the letters that Mr. Loli had 
said were written against him and his allegation that the Commissioners had 
favored his "competition's letters" over his own; to this, the Commissioner 
stated that the Committee had ruled in his favor and dismissed the complaint (of 
his alleged battering of another street artist) which had included a police report. 

Commissioner Lloyd clarified that the Arts Commission's website reflects the 
minutes of a meeting, and that Mr. Loli had not been singled out in a critical 
manner. He further stated that Mr. Loli had the right to request that the minutes 
be amended, so that his side of the story may be reflected on the website. 

Commissioner Cuellar questioned Mr. Loli on whether it was his understanding 
that he was required to prove, at the November 2, 2007, studio visit, that he 
could make the sixteen different crafts that he had been observed selling, or 
whether it was his understanding that it was the Advisory Committee's 
responsibility to prove that he did not make the crafts. 

Mr. Loli responded that his understanding was reflected in the impartial report 
he submitted to Commissioner Johnston. He understood that he had to show the 
committee members how he made his art; he had to choose "what stood out in 
the pictures" taken of his display; and he believed that he had showed them. 

Commissioner Cuellar questioned Mr. Loli on his use of the word "competition": 
he asked him if he meant artistic competition— that is, someone who made items 
similar to his-or competition in terms of sales-that is, someone who did not 
make similar items but was in competition for a sales space. 

Mr. Loli responded that his art was very unique and different and that there was 
not one artist in the Program who made similar art, but that a woman who was 
his competitor in selling pipes was always bothering him. 

Commissioner Cuellar clarified that Mr. Loli agreed that he had sold items he had 
not made, that he sold items that he had not submitted to examination prior to 
his selling them, and that he sold, albeit in protest or civil disobedience, with an 
expired permit-all of this after he had been in the Program for four years. He 
asked Mr. Loli whether he understood, during the four years, that he was not 
allowed to display or sell products he did not make nor items that he did not get 
certified. Commissioner Cuellar asked also whether Mr. Loli understood that 
selling without a permit was also a violation of the Program. 

Because Mr. Loli would not answer the question, Commissioner Cuellar rephrased 
it to inquire as to when Mr. Loli came to the realization that he was required to 
make everything he displayed and obtain permission from the Arts Commission to 
display it. 

Mr. Loli responded that it was made clear to him when the Advisory Committee 
came to his studio. 

Commissioner Johnston took public comment. 

Street Artist Susan Pete stated that she was not the first person to have made 
the complaint against Mr. Loli; she had represented a group of artists in 
submitting the complaint to both the Advisory Committee and the Program 
Director. The group had not believed that Mr. Loli had made his items. 

Commissioner Lloyd asked whether the Manuel Loli studio visit had been simple 
or complicated. 

Advisory Committee Member Josie Grant responded that it had been a 
complicated one because Mr. Loli was a very accomplished artist who proved 
that he was competent and able to make many items he had on his table. The 
studio visit took four hours. But the Committee did not have the time to see all 
the crafts that needed to be seen because much time had been spent on issues 
involving in so many different items. While he had the ability to do much of the 
items, he admitted that he had not submitted some of the items for screening in 
order to obtain certification to sell them. The Committee eventually approved 
these in a screening a week after the studio visit. 



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Commissioner Lloyd asked her if there were items she felt Mr. Loli did not make. 
Ms. Grant responded that they were pipes and boxes. Furthermore, he had shown 
them much artwork that he could produce but this had not appeared on his 
display table. 

Street Artist Michael Addario stated that Mr. Loli had "a complete disrespect for 
this Program." 

Commissioner Johnston commented that the proceeding was not a hearing on the 
artistic merits of Mr. Loli's work; most people would probably agree that he was 
a talented artist who works with many different types of crafts. The size and 
diversity of his repertoire contributed to the problem. 

The Commissioner went on to say that, during the hearing, he reviewed the 
report made by Mr. Loli's brother, and he found it "in no way objective." 
Therefore, he felt it had limited value. 

The Commissioner then stated that the charges that were formally submitted 
were submitted not by other artists but by the Program staff, and they focused 
on some basic issues. One of the issues-allegations about Mr. Loli's behavior- 
had been dismissed due to a lack of sufficient evidence. 

The Commissioner further commented that, for someone who complains that he 
has been disparaged because of the Commission's minutes on its public website, 
he himself made many disparaging remarks at today's hearing which will also be 
reflected in the minutes as posted on the website. The Commissioner was not, 
therefore, moved by Mr. Loli's argument of having been disparaged. 

Continuing, Commissioner Johnston posed a basic question: Has Mr. Loli violated 
the Street Artists Program after having received previous warnings from staff and 
after a lengthy, five-month interval between hearings? The Commissioner stated 
that Mr. Loli's selling of items that were of his own creation but were not pre- 
screened was a violation of the Program. But it was a violation for which the 
Commissioner was usually willing to give some flexibility because it could be 
considered a "lesser" violation. It gained importance, however, if someone 
continued to violate that tenet of the Program and had been a member of the 
Program for years and knew that items to be sold needed to be screened. More 
serious than this, however, was whether Mr. Loli was displaying or selling items 
not of his own creation. Commissioner Johnston said that this issue was cloudy 
and probably such items were of a relatively small percentage which normally 
might have merited a warning were it not for the fact that he had already been 
warned. 

Finally, the Commissioner stated, there was the issue of Mr. Loli selling without a 
permit because he did not like the fact that staff refused to renew it. But, 
protest or no protest, Mr. Loli did not challenge the Committee's February 2007 
decision on his request to renew. This violation combined with the others gave 
the Commissioner a full impression that Mr. Loli had contempt for the rules and 
the accepted procedures of the Program, and that some action needed to be 
taken. 

Referring to Mr. Loli's arguments made at both his hearings, the Commissioner 
stated that Mr. Loli, "rather than rectifying the allegations made against him, 
takes us down other paths in other areas and makes political speeches or attacks 
other people's motivations for why he's in this position; but the bottom-line 
issues are never addressed." 

Commissioner Johnston moved that the Committee deny renewal of Mr. Loli's 
certificate at this time and, pending the decision of the Chair of the Committee, 
continue the item to the Committee's June meeting to hear Mr. Loli's request 
for renewal; the motion was seconded by Commissioner Cuellar and unanimously 
approved. 

Commissioner Cuellar requested that the minutes reflect his personal feeling 
that "this Commission ... and the members of this Committee certainly have 
never entertained any notion of discrimination or anti-immigrant sentiments or 
anti-non-English-speaking sentiments; and I certainly did not get a sense of that 
from any of the artists who have spoken toward this issue here. So I find 
offensive, personally and collectively, [Mr. Loli's] charge that somehow we've 
colluded to deny your permit, to deny your right to work. We're not denying your 



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right to work; we're just denying your right to sell as part of this Program. You 
have every right to continue working, develop your art in every kind of way that 
you like.... The issue here is participation in this Program, following the rules and 
regulations of this Program.... The reason the Program is run the way it is ... is 
because it's run by a community of artists who monitor each other and support 
one another. I just wanted to make clear that at no time did the Commissioners 
have any extra -meeting discussion of this case ... outside of these meetings.... I 
personally resent the notion that somehow this was an anti-immigrant, anti- 
Latino thing. Not at all. I've seen no evidence of that, and I would have been the 
first to identify that and attempt to rectify that issue if that were the case." The 
Committee's decision, he said, was made "strictly on the merits of the case." 

Commissioner Lloyd encouraged Mr. Loli to re-apply in June because the 
Commissioner felt that he had "a lot of talent and your art is beautiful." The 
Commissioner wanted to see him continue to be a street artist. However, if he 
challenged the Committee's sanctions or continued to violate the Program over 
the next three months, it "would reflect very poorly on your ability to renew 
your permit. Cooperating with us is a much better way to get renewal than to 
fight us." 

Commissioner Cuellar stated that there was a "gray area" of items not of Mr. 
Loli's initial creation but of his elaboration which "creates a problem for us. 
Since this is a street artist's— as opposed to street peddler's-issue," the 
Commissioner urged him to consider that, when he is selling in the Street Artists 
Program-"as opposed to when you're selling at San Francisco State where you 
may be free to sell whatever you like"-he must "sell items that are clearly of 
your own creation that have been screened and certified.... Anything less than 
that, I would consider being disrespectful and dishonest, unethical and immoral- 
issues that you raised in discussion with respect to this Program-that if you're 
selling items that you didn't create ... even if they're elaborated, that's kind of a 
gray zone for me as an artist." If, however, Mr. Loli were to develop the crafts 
that were purely of his own creation, the Committee could move forward 
without a problem with his request. 



3. New business 

Street Artist Michael Addario discussed a problem arising from the Program's ten- 
day grace period for certificate renewal. Because an artist's renewal is not 
backdated to the previous certificate's expiration date, it is possible for an artist 
to gain additional time to sell— albeit illegally-between certificate expiration 
and renewal if the artist renews toward the end of the ten-day grace period. 
Furthermore, Mr. Addario stated, this "robs the Program of some revenue." He 
asked that the Committee calendar a proposal to rescind the grace period and to 
set a policy to strengthen certification enforcement which would include 
retroactive compensation to the Program from artists who are found selling 
without a valid certificate. 

Commissioner Johnston invited Mr. Addario to submit his proposal in writing to 
the staff for possible calendaring. 

Street Artist Susan Pete stated that one measure to assist certification 
enforcement would be the Program's resuming the publication of a timely 
"attrition list" of expired certificates. 

Program Director Lazar stated that he had already invited various artists to 
submit proposals to him for efficient methods of ascertaining and publishing lists 
of expired certificates. 

There being no further public comment, Commissioner Johnston adjourned the 
meeting at 4:35 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 



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sfgov I residents | business | government I visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

______ 

April 11, 2007 



STREET ARTISTS COMMITTEE 
Wednesday, April 11, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1 . Hearing and possible motion to approve issuance or renewal of certificate 

Frank Dong - Certificate # 7194 expired July 21, 2006. Alleged violation: 

Selling without a valid (current) certificate (violation of Section 7(a) of Street 
Artist Ordinance, Proposition "L" of November, 1975 election). 



2. Hearing and possible motion to approve amendment to Arts Commission 
Street Artists Lottery Rule V by providing for day and time of lottery to 
select members of Lottery Committee, and by providing for street artist 
volunteers to help run such lottery. 

On March 20, 2007, the Street Artists Program Director received a petition 
from street artists requesting that 9:20 a.m. on Sunday be the specified time 
and day for the lottery to select members of the Lottery Committee. 



3. Street Artists Program Director's Report 



4. New Business 



5. Adjournment 



April 4, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 



DOCUMENTS DEPT, 
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Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
April 11, 2007 

STREET ARTISTS COMMITTEE 

Wednesday, April 1 1 , 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



MINUTES 



Members present: Commissioners Jose Cuellar, P. J. Johnston 

Members absent: Commissioner Alexander Lloyd 

Staff present: Street Artists Program Director Howard Lazar, Program Associate Evelyn 
Russell 

Chairing the meeting, Commissioner Johnston called the meeting to order at 3:11 
p.m. 

1. Street Artists Program Director's Report 

Unlicensed vendors on Port property. Street Artists Program Director Howard 
Lazar reported that, in keeping with a March 5, 2007, Arts Commission 
resolution, Director of Cultural Affairs Richard Newirth wrote to Port Executive 
Director Monique Moyer to abate the selling activities of unlicensed vendors on 
Port property-particularly unlicensed spray paint vendors-and to meet with 
Program Director Lazar to formulate a proposal to replace the unlicensed 
vendors with designated locations for licensed street artists. In response, Ms. 
Susan Reynolds of the Port replied that the Port was enhancing its enforcement 
against the unlicensed vendors and was also developing a program to license 
street performers. Her letter did not mention street artists (i.e., the people 
licensed by the Arts Commission who make arts and crafts); instead, it 
encouraged the Arts Commission staff to participate in support of the proposed 
performers' licensing program through the Port Commission meeting process. 

In reference to the Port's enhanced enforcement against illegal vendors, Mr. 
Lazar stated that he received an in-depth report by street artist Michael 
Addario with photographs showing a continuation of illegal vendors, 
particularly spray paint vendors, on Jefferson Street between Boudin's 
Bakery/Restaurant and the Pier 39 shopping/amusement complex. Mr. Lazar 
forwarded the report and photos to Ms. Reynolds with a cover letter, again 
requesting a meeting to discuss replacing the illegal vendors with a strict 
program of licensed street artists who face the ongoing possibility of "Arts 
Commission's denial of renewal of their permits should they violate the street 
artist ordinance in any way." No reply has yet been received. 

Commissioner Johnston reported that, after the full Arts Commission meeting 
which approved the resolution to the Port, he encountered Mr. Robert G. Davis, 
Executive Director of the Entertainment Commission, who told Commissioner 
Johnston that he would be contacting the Arts Commission with regard to plans 
for the street performers. 

In view of this, Commissioner Johnston proposed that the three agencies 
(Entertainment Commission, Arts Commission, and the Port) meet to discuss 
not only the street performers but also new spaces for street artists on Port 
property. He wanted to see the Port understand that it would be more 
practical to have licensed street artists taking up space on the Port's sidewalk 
than to leave it vacant for unlicensed vendors. Otherwise, it would not be 
likely that police officers, due to available staffing, would ever be able to have 



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a round-the-clock presence to eliminate the illegal vending on Port property. 

Street Artist Michael Addario stated that he attended the last meeting of the 
Port Commission, and the Arts Commission's resolution was not mentioned at 
all in the Port's receipt of communications, nor discussed at the meeting. Mr. 
Addario submitted to the Street Artists Committee photographs of current 
unlicensed vendors on Jefferson Street which he took during three recent 
evenings. He maintained that the unlicensed vendors were also "bringing in a 
bad element of people doing Three-Card Monte" which, in one known instance, 
resulted in violence. 

Mr. Addario further stated that the Port published a vehicular parking survey 
which blamed the street artists for creating parking problems, citing artists 
who sell their wares on the 100 and 300 blocks of Jefferson Street. Mr. Addario 
stated that there are no street artist spaces on the 100 block and that it 
appeared that the Port's report was encompassing the licensed street artists 
with the unlicensed vendors. 

Commissioner Johnston noted that Mr. Addario's photos showed not only 
unlicensed vendors but street performers. The Commissioner requested 
Program Director Lazar to try to organize a meeting with Mr. Davis and the Port 
to see if street artists would be included in the Port's plans for street 
performers. If more support is required, Commissioner Johnston, as President 
of the Arts Commission, offered to send a letter to the President of the Port 
Commission. 

2. Hearing and possible motion to approve issuance or renewal of certificate 

Frank Dong— Certificate # 7194 expired July 21, 2006. Alleged violation: 
Selling without a valid (current) certificate (violation of Section 7(a) of Street 
Artist Ordinance, Proposition "L" of November, 1975 election). 

Program Director Lazar stated that he had received a telephone report alleging 
that street artist Frank Dong had been selling on various occasions since the 
expiration of his certificate. He allegedly had been selling at Justin Herman 
Plaza and on Beach Street. A further report alleged that he had attempted to 
obtain a space through the artists' lottery on February 19, 2007, Presidents' 
Day, but was denied when a lottery helper verified that Mr. Dong's certificate 
had expired eight months previously. 

The Program Director commented that the repeated selling without a valid 
certificate was a serious violation of the street artist ordinance, especially in 
view of the fact that many artists saw to it that their certificates were 
renewed-and their licensing program supported-even during financially lean 
seasons. 

The Program Director called two witnesses to testify. 

Street Artist Virginia Travers stated that she had witnessed Mr. Dong selling 
during August, 2006, at Justin Herman Plaza; she did not know at the time that 
his certificate had expired. Knowledge of this was not readily available because 
he would not enter the lottery, where certificates are verified, but would show 
up and take a leftover space later in the day. Ms. Travers went on to say that 
early in March, 2007, she was set up on Beach Street when Mr. Dong arrived in 
the afternoon to sell next to her. While they conversed about vacations and 
other subjects, a Lottery Committee worker informed her that Mr. Dong's 
certificate had expired the previous July. Ms. Travers then asked Mr. Dong if 
his certificate was expired, and he replied in the affirmative. She suggested 
that he go to the Program office to renew it. He packed up his display and left. 

Ms. Travers commented that, in her opinion, Mr. Dong wrongfully sold during 
the eight months of his certificate's expiration, and that "it undermines the 
integrity of the other street artists who do pay for their licenses on time ...We 
are really blessed to have this Program; no matter how broke I am, I always 
make sure that I pay my license on time, only because I feel it's such a 
minimum amount for me in order to survive." She further stated that she did 
not believe that, for Mr. Dong, this was a hardship case, for he has retirement 
income and owns his home. Because of his long-time participation in the 
Program, she said, "he knows he has to pay his license on time." She said that 
the rules of the Program were "minimal": "you make what you sell; you sell 



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what you make; and you pay your license on time." 

The Commissioners verified that Mr. Dong had been a street artist for over 
twenty-six years. 

Street Artist Robert Chan stated that on February 19, 2007, Presidents' Day, he 
was a Lottery Committee helper checking street artist certificates. Mr. Dong 
showed him his certificate, whereupon Mr. Chan informed him that it had 
expired and refused to allow him to sign up for a space. 

The Committee requested Street Artist Frank Dong to reply to the statements 
of the witnesses and to give his version of what had happened. 

Mr. Dong stated that he appreciated the good intentions of his fellow street 
artists who reminded him to renew his certificate, that he had a very poor 
memory, and that, in the present circumstance, there must be a good reason 
for him to learn the lesson. Otherwise, if he had avoided this hearing, "the 
same thing would continuously happen the rest of my life as long as I belong to 
the Street Artists Program." He said that he would make great effort to 
remember to renew from now on. 

Mr. Dong went on to say that on weekends he would appear on the street at 
2:00 p.m. because in the morning he is a spiritual practitioner at San Francisco 
Center for Meditation from 4:00 a.m. until 1:30 p.m. As he had not 
participated in the street artists' morning lottery very often (which would have 
required him to show his certificate), he had forgotten that his certificate had 
expired. 

Commissioner Johnston asked him whether, during the previous winter holiday 
season, he sold at various times during the week. 

Mr. Dong replied that on weekends he sold in the afternoons. 

Commissioner Johnston stated that while he considered Mr. Dong a sincere 
person, he also appreciated the testimony of the other artists that the integrity 
of the Program had to be protected. Furthermore, the Program was self- 
funded, relying on the consistent payments of its certificate-holders. If the 
Street Artists Committee was to grant Mr. Dong a new certificate, the 
Commissioner wanted to see the Committee calendar a motion to renew or not 
renew Mr. Dong's certificate a year hence (April, 2008). If Mr. Dong were to 
renew on his own initiative, the Program Director could report this and the 
matter could be tabled. 

Mr. Dong stated that he would be "very happy to pay whatever I owe ... I have 
no intention to try to save a dollar." 

Program Director Lazar stated that he had explored this possibility with the 
City Attorney's office and had been advised that the Arts Commission had no 
authority to require an artist to pay for a period of time in which the artist's 
certificate had lapsed; instead, the Commission could grant a new certificate 
and suspend it for a period of time, or defer the suspension for a meaningful 
period of time. However, in light of Mr. Dong's statement of voluntarily 
contributing what he felt he owed, the Program Director pointed to the street 
artist fund ordinance (Ordinance 151-99) which established the street artist 
fund as a special fund and provided for the Street Artists Program to accept 
"all donations of money and other gifts" as well as "any grants, gifts and 
bequests from private sources" to "be deposited into" the Program's "special 
fund." 

Commissioner Cuellar asked whether it would be possible for a forgetful artist 
to pay for three years' worth of a certificate. 

Mr. Lazar replied that, while he did not know of a provision that would limit an 
artist to paying for one renewal period at a time, he would have to consult 
with the City Attorney on this. 

Commissioner Cuellar pointed out that the Program does not have the 
resources necessary to notify the artists of the dates to renew their 
certificates, that it was the artists' responsibility to remind themselves. 



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Program Associate Evelyn Russell commented that a street artist's certificate 
contains a red-lined box around the certificate's expiration date, and that the 
artist is required to display the certificate at all times while selling. 
Furthermore, the Program gives each artist two certificate cards-one to keep 
on the display and one to be carried on the person. Therefore, there is ample 
opportunity for an artist to know when the certificate expires. 

Ms. Russell went on to state that she was creating a list of current certificate- 
holders to be updated monthly and given to the Lottery Committee. 

Commissioner Johnston stated that he did not want to set a precedent for 
"inviting" artists to shirk their responsibility for paying for their certificates. 

Commissioner Cuellar ascertained from the Program Director that, in the 
future, if the Committee were to hear a case of nefarious intent to dodge a 
certificate renewal, the Committee would have the authority to withhold 
issuing the certificate, or to issue the certificate subject to a suspension period 
which could be deferred to a meaningful time of the year. 

Street Artist Virginia Travers stated that her membership permit for the Screen 
Actors Guild lists an expiration date, and that she would not be permitted to 
work as an actor unless she paid her dues on time. 

Commissioner Johnston moved that Frank Dong be found in violation of the 
street artists ordinance by selling without a certificate, that a new certificate 
be issued to Mr. Dong, and that the Program Director accept Mr. Dong's offer to 
donate money to the street artist fund to cover the period of time in which he 
offered his items for sale without a valid certificate; the motion was seconded 
by Commissioner Cuellar and unanimously approved. 

Street Artist Michael Addario commented that a problem could arise for the 
fiscal health of the Program if artists were allowed to purchase certificates 
three years in advance, thereby avoiding fee increases in the interim. 

Hearing and possible motion to approve amendment to Arts Commission 
Street Artists Lottery Rule V by providing for day and time of lottery to 
select members of Lottery Committee and by providing for street artist 
volunteers to help run such lottery (hearing requested by street artists) 

The Commissioners acknowledged that the Program Director had received a 
petition from street artists requesting that 9:20 a.m. on Sunday be the 
specified time and day for the lottery to select members of the Lottery 
Committee. 

Program Director Lazar stated that, until December, 1995, the Lottery 
Committee had always been elected by the street artists. But the Arts 
Commission began to receive complaints about favoritism. On December 4, 
1995, the full Arts Commission approved a proposal from street artists Bill and 
Bob Clark to eliminate the election of Lottery Committee members and to 
provide for their selection by lot. While the new procedure was implemented, 
however, no provisions were made for designating a specific day or time to run 
the lottery. Arbitrarily, since 1996, the artists themselves chose to run the 
member-selection lottery on a Saturday at 9:00 a.m. The problem which has 
arisen is that this occurs at the same time of the major Wharf lottery which, by 
some reports, prevents a close monitoring of the member-selection lottery. 

The Program Director also stated that he had received a proposal from other 
artists to maintain the member-selection lottery on Saturday but have it start 
earlier than the Wharf lottery, at 8:45 a.m. 

Commissioner Johnston asked Mr. Lazar for his opinion of whether there was a 
general consensus for either proposal. 

Mr. Lazar responded that there was no general consensus; in fact, he 
discovered that some names appeared on both petitions. 

Commissioner Johnston asked for public comment. 

Street Artist Tina Jamison, who authored the first petition, in ravor of a Sunday 
member-selection lottery, stated that the lottery to select Lottery Committee 



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members should be changed to Sunday because (a) Saturday is the busiest day; 
(b) many Lottery Committee members are not available on Saturday because 
they are selling at Justin Herman Plaza and therefore are not present to 
oversee the member-selection lottery; and (c) on Sunday artists are more 
relaxed and would be inclined to observe the workings of the lottery. 

Street Artist Jimmy Sha, who authored the second petition, in favor of a 
Saturday member-selection lottery, stated that he is a Lottery Committee 
member who has made sure that a sign-up sheet for Lottery Committee 
candidates is placed at the Wharf lottery ten days prior to the member- 
selection lottery. He went on to say that it was not true that people were not 
present on Saturdays to monitor the member-selection lottery; there were 
always at least ten people monitoring it. He showed the Commissioners plastic 
poker chips on which, he said, candidates' names are written. The chips are 
put in a small bag which is shaken; the chips are drawn at random and 
recorded. He suggested that the member-selection lottery be kept on Saturday 
but held earlier than the Wharf lottery. 

Street Artist Catherine Zhang stated that Lottery Committee member Brian 
Hopper asked her to observe Mr. Sha running the member-selection lottery. She 
demonstrated with the chips and bag how he placed the chips in the bag and 
drew them out, allegedly favoring certain people. 

Program Director Lazar stated that Ms. Zhang had previously come to his office 
and made this complaint against Mr. Sha, whereupon Mr. Lazar had asked her 
for the names of witnesses and received none. 

Commissioner Johnston refused to hear the matter as it was not on the agenda. 

Street Artist Susan Pete stated she had been on the Lottery Committee for five 
years and had never seen chips used for selection of members. The selection, 
she said, had been done with names placed on regular lottery slips. 

Commissioner Johnston stated that he did not feel comfortable voting for the 
issue— especially because it gave rise to procedural controversy— without seeing 
support from more artists. While Sunday seemed more logical to him, he did 
not see a major consensus for it. He wanted to see future consideration based 
on a larger petition of artists and more artists in attendance to speak on the 
issue. He also wanted to see the Program Director meet with both factions and 
submit a recommendation to the Commissioners. 

Street Artist Edward Steneck stated that there are more artists present on 
Saturday than on Sunday; therefore, there are more people to observe the 
procedure. 

Commissioner Cuellar, as well, favored receiving more information. He asked 
whether any of the artists present would object to the members' lottery being 
held prior to the Wharf lottery. 

Ms. Jamison responded that she had no objection to its being held on Saturday 
before 9:00 a.m. 

Mr. Lazar stated that he was available to meet with all artists who were 
interested in producing a unified proposal. 

Commissioner Johnston moved to continue the item; the motion was seconded 
by Commissioner Cuellar and unanimously approved. 

Seeing that there was no new business nor public comment, Commissioner Johnston 
adjourned the meeting at 4:05 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 

April 27, 2007 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

i 

May 09, 2007 meeting cancelled 

STREET ARTISTS COMMITTEE 
Wednesday, May 09, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, May 09, 2007 has been cancelled. 

May 04, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, 
San Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfg ov.org. 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http :// www.s fgov.org/su nshine / 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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sfac: June 13, 2007 Page 1 of 2 



(SFjGOV 

> w. V wn t ratio sco 



- ' "»** '/XT 

sfgov | residents | business | government | visitors | online services | search 
Meetings >> Street Artists Committee Meetings 




San Francisco Arts Commission 
June 13, 2007 



STREET ARTISTS COMMITTEE 
Wednesday, June 13, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

Hearing and possible motion to approve issuance, renewal, suspension, or 
revocation of certificate 

Manuel Loli - Certificate # 6040. Alleged violations: (1) Selling items not of 
the artist's own creation (arrowheads, gourds with figures, ceramic boxes, 
hemp and bead jewelry, pipes, purses); (2) Selling items not certified by Arts 
Commission, (hearing continued from March 14, 2007 meeting) 

(In its hearing on March 14, 2007, the Street Artists Committee moved that 
the Committee deny renewal of Mr. Loli's certificate at the time and, pending 
the decision of the Chair of the Committee, continue the item to the 
Committee's June meeting to hear Mr. Loli's request for renewal.) 



2. Hearing and possible motion to approve proposal to amend duties of the 
lottery helper (Arts Commission Lottery Committee to assign street artist 
spaces) who records lottery numbers on pulled blue (Wharf area) lottery 
slips to include the duty of announcing artists' names and lottery numbers. 
(proposal submitted by street artist) 



3. Street Artists Program Director's Report 

4. New business 

5. Adjournment 

June 4, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 

consideration of the item. DOCUMENTS DEPT 

The ringing of and use of cell phones, pagers and similar sound-producing electronic NfP/ 9 R ?0fl7 

devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 

cell phone, pager, or other similar sound-producing electronic devices. SAN FRANCISCO 

PUBLIC LIBRARY 



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sfac : June 13,2007 Page 2 of 2 



Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415) 252-3100, fax (415)252-3112 and web site. 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.ort; . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



http://www.sfgov.ore/site/sfac page.asp?id=61595 11/29/2007 



sfac: June 13,2007 



Page 1 of 4 



(SFjQOV 




sfgov I residents | business | government | visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

June 13, 2007 

STREET ARTISTS COMMITTEE 

Wednesday, June 13, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Minutes 



Members present: Commissioners Alexander Lloyd, Jose Cuellar, Sherene Melania 

Members absent: none 

Staff present: Street Artists Program Director Howard Lazar 

Commissioner Lloyd, Chair, called the meeting to order at 3:00 p.m. and welcomed 
Commissioner Melania to the Committee. Commissioner Lloyd asked that the Program 
Director's report be given. 

1. Street Artists Program Director's Report 

Additional street artist spaces on Port property. Street Artists Program 
Director Howard Lazar stated that, in keeping with the Committee's directive 
of May 31, 2007, he had contacted Robert Davis, Executive Director of the 
Entertainment Commission, to request a meeting with him and Port personnel 
to discuss the possibility of spaces for street artists, as well as spaces for street 
performers, on Port property. Mr. Davis contacted the Port and told Mr. Lazar 
that Port personnel wished to wait until after budget season to discuss the 
issue. 

Commissioner Lloyd offered to attend any such meeting on the issue with Mr. 
Lazar, who expressed appreciation for the Commissioner's participation. 

Street Artists Program and Immigrant Rights Summit. On another matter, the 
Program Director stated that he has served the Street Artists Program and the 
Arts Commission for thirty-five years and, as a grandson of immigrants, has felt 
grateful for being instrumental in bringing many people from different 
countries into the Street Artists Program and offering them an opportunity to 
sell what they make. Being in this position, he has often been allowed to pay 
homage to his ancestors for their efforts in establishing their lives in the United 
States. Recently, he received a letter from the office of the City Administrator 
stating that the San Francisco Immigrant Rights Commission, "whose mission is 
to improve, enhance and preserve the quality of life and civic participation of 
all immigrants in the City and County of San Francisco, " will be convening an 
Immigrant Rights Summit on September 15, 2007; its theme will be "Unity, 
Dignity and Opportunity for All Immigrant Communities in America. " As a 
program of a department, the Street Artists Program was invited to join the 
Summit and be listed as a participating organization on all Summit materials. 
Mr. Lazar confirmed with the Immigrant Rights Commission's Executive Director 
that the Street Artists Program, with its sizeable population of immigrant 
licensees and applicants, qualified itself as a Summit participating 
organization. Mr. Lazar felt honored to represent an organization with a 
diversity of community. 

The Commissioners expressed their appreciation of this achievement. 

Commissioner Lloyd called for public comment. 



DOCUMENTS DEPT. 
NOV 2 8 2007 

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Street Artist Mike Addario expressed frustration over having to wait so long for 
the Port to reply to the Arts Commission. He went on to say that on May 22, 
2007, Katherine Arrow of the Port spoke to a few artists at Justin Herman Plaza 
about the possibility of expanding the artists' booths into the Harry Bridges 
Park area. As the artists were enthusiastic about the idea, Mr. Addario e- 
mailed Ms. Arrow, who referred him to the Port's Susan Reynolds, who said 
that the Port had been in discussions about the issue; but, at this point, the 
artists do not know the identities of the people involved in these discussions. 

Mr. Addario stated that unlicensed vendors are still ever-present on Port 
property. The Port has not consented to the Arts Commission's request for a 
meeting on this problem; and, in the meantime, the Port appears to be going 
ahead in implementing a street performers program. An informational 
presentation on this is on the Port Commission's agenda of July 17, 2007. Time 
is of the essence, he said, to try to get the Port, if it is going to grant 
performers spaces, to grant additional street artist spaces as well. 

Mr. Addario went on to state his concern over hearing about talks regarding the 
possible continuation of the F-line (to Beach Street and Fort Mason) and, he 
felt, the adverse impact on forty to fifty street artist spaces. This was another 
reason why Mr. Addario hoped that the Port would grant additional spaces on 
Port property. 

2. Hearing and possible motion to approve proposal to amend duties of the 
lottery helper (Arts Commission Lottery Committee to assign street artist 
spaces) who records lottery numbers on pulled blue (Wharf area) lottery 
slips to include the duty of announcing artists' names and lottery numbers 

Street Artist Bill Clark stated that the artists' lottery implemented on the 
previous Saturday was typical of the present procedure. There were three 
lottery helpers and one Lottery Committee member who were assigned various 
tasks to verify that all pulled lottery slips and assigned spaces were recorded. 
However, what happens (currently) is that the artist who receives the last 
number in the previous day's lottery has, in becoming a helper, first choice in 
what job function to take-there is no actual assigned function; it is a matter of 
choice. One person is actually the helper who just pulls the slips out of the 
bucket at random and then puts them in order. The second helper numbers the 
slips in their sequence. The slips are handed to the third helper, who records 
all the certificate numbers in the order they were pulled out of the bucket. But 
after the first helper pulls the slips out of the bucket, that helper returns to 
the lottery table to help the Lottery Committee member assign spaces. The 
second helper, as soon as he is finished, just leaves, and this results in the 
lottery relying on volunteers from the group of artists to read off the order of 
the names and numbers. 

To remedy the situation, Mr. Clark was proposing that the second helper, as 
soon as he finishes numbering the blue slips, take on the job of reading aloud 
the remaining names and. numbers. Otherwise, what would happen is that the 
volunteer who is calling out the names and numbers would cease to do so when 
obtaining his own number and would go to the lottery table, leaving the group 
of artists to figure out who should continue to call out the numbers. 
Furthermore, there would be no guarantee that anyone else would volunteer to 
do the job. Mr. Clark was attempting to present a simple solution: the person 
who is assigned the task of numbering the slips would, when finished, have the 
time to read aloud the remaining names and numbers. 

Program Director Lazar asked Mr. Clark if he was proposing this duty for the 
helper of the Downtown Lottery as well as the helper of the Wharf Lottery. Mr. 
Clark replied in the affirmative and that it would be for any main lottery. He 
emphasized that the artists needed a guarantee that all the names and 
numbers would be announced in their order; otherwise, chaos could ensue. 

Commissioner Lloyd asked if anyone was objecting to the proposal. 

Program Director Lazar stated that he had forwarded to the Commissioners e- 
mails from various artists stating that their earlier issues with the proposal 
appeared to have been resolved by discussion with Mr. Clark and other artists. 

Commissioner Lloyd called for public comment. 



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sfac : June 13,2007 Page 3 of 4 



Street Artist Eddy Steneck said that he is usually the volunteer who calls out 
the numbers, that he does not mind doing so, and that there are several other 
artists who voluntarily do the task as well. However, he believes that it should 
be an assigned task, and Mr. Steneck voiced his support of the proposal. He 
added that there had been discussion among the artists about some artists who 
do not speak English very well, but it was realized that everyone in the 
Program knows how to say "eight dollars," "ten dollars," etc., that they know 
how to pronounce numbers in English. Therefore, if some artists would have a 
problem pronouncing names, Mr. Steneck said, they would have no problem 
announcing certificate numbers, as, for example, "twenty-four eighty-nine." 

Commissioner Lloyd stated that the proposal seemed reasonable and that it 
would make the lottery procedure smoother. 

Commissioner Cuetlar moved to approve amending the street artist space- 
assignment lottery procedure to require the lottery helper who records lottery 
numbers on pulled lottery slips to announce the artists' names and lottery 
numbers; the motion was seconded by Commissioner Melania and unanimously 
approved. 

3. Hearing and possible motion to approve issuance, renewal, suspension, or 
revocation of certificate 

Manuel Loli— Certificate #6040. Alleged violations: (1) Selling items not of the 
artist's own creation (arrowheads, gourds with figures, ceramic boxes, hemp 
and bead jewelry, pipes, purses); (2) Selling items not certified by the Arts 
Commission. (Hearing continued from March 14, 2007 meeting) 

(For the hearing, the Street Artists Program again retained the service of a 
Spanish-to-English translator, Ms. Lesley Walker of Auerbach International, who 
simultaneously interpreted the proceedings for Mr. Loli and interpreted his 
statements to the Commissioners.) 

The Commissioners recalled that, at the last hearing with Mr. Loli on March 14, 
2007, the Street Artists Committee had moved to deny renewal of Mr. Loli's 
certificate and, pending decision of the Chair of the Committee, to continue 
the item to the Committee's June meeting to hear Mr. Loli's request for 
renewal. 

Program Director Lazar stated that, with the Committee's previous refusal to 
renew the certificate, Mr. Loli had not possessed a valid certificate for over 
four months (since February 3, 2007). The Program Director further reported 
that, in the period of time between the last hearing and the present, he had 
neither seen nor received reports of Mr. Loli selling on the streets. 

Commissioner Lloyd called for comment from the Commissioners. No comments 
were offered. The Commissioner then called for public comment; none was 
forthcoming. 

Commissioner Lloyd acknowledged that Mr. Loli had acted responsibly during 
the interim. The Commissioner moved that the certificate of Manuel Loli be 
renewed; the motion was seconded by Commissioner Cuellar and unanimously 
approved. 

Through the interpreter, Mr. Loli stated that he wished to make a motion to 
the Arts Commission with regard to adjusting its procedures to allow him to 
have pre-approval for all items he would be creating because he was 
"constantly creating" his art. 

Commissioner Lloyd thanked him for his comment. 

4. New business 

Street Artist Mike Addario stated that, relative to the request for street artist 
spaces and other issues on Port property, he wanted the Arts Commission to 
approach the Port to see if the issues could be brought to closure. Now that 
summer was approaching, additional spaces on Port property would be highly 
valued by the artists, especially since the long-time Beach Street spaces were 
not as lucrative as before. It was, he said, frustrating to see Beach Street not 
so profitable while people who were unlicensed-that is, without street artist 



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sfac : June 13,2007 Page 4 of 4 



certificates, business tax certificates, and state seller's permits-were selling 
day and night on Port property and actually profiting from the patrons of 
Pier 39. He went on to say that the letter requesting spaces sent by former Arts 
Commission Director of Cultural Affairs Newirth to Port Executive Director 
Moyer never made it to a Port Commission meeting. Mr. Addario asked that the 
Arts Commissioners consider re-issuing the letter and sending it directly to each 
of the Port Commissioners. 

Commissioner Lloyd stated that the letter was intended to reach the Port 
Commissioners and that he would be glad to offer his help in this matter. 

Program Director Lazar stated that it appeared that the letter, rather than 
going to the Port Commissioners, had been delegated to the Port's Susan 
Reynolds, who then sent an e-mail response which did not address the issue of 
street artist spaces. 

Commissioner Lloyd asked that Mr. Lazar work with him on drafting a letter to 
the Port Commissioners. 

There being neither further new business nor further public comment, Commissioner 
Lloyd adjourned the meeting at 3:29 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 

07/16/07 



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sfgov I residents | business I government | visitors | online services | search \ 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

- 

July 11, 2007 

STREET ARTISTS COMMITTEE 
Wednesday, July 11, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




Agenda 

1 . Hearing and possible motion to approve issuance of certificate 

Paula Datesh (Grundman): On April 9, 2003, the Arts Commission denied re- 
issuance of Ms. Grundman's (Datesh's) certificate after finding that she had 
violated the Street Artists Ordinance in the following manner: (1) Selling within 
five feet of a fire hydrant; (2) Selling in a location not designated by the Board 
of Supervisors, 2nd offense; (3) Selling items not certified by the Arts 
Commission, 2nd offense; (3) Conducting business in a disorderly, improper, 
hazardous manner by (a) threatening in writing a street artist and (b) 
threatening verbally, and disrupting businesses of, street artists. On July 3, 
2007, Ms. Datesh requested a hearing for consideration of issuance of a new 
certificate in accord with the Arts Commission's procedure to hear such 
requests by former certificate-holders whose certificates were revoked. 



2. Hearing on proposal to disallow computer-generated paintings on canvas, 
wood, or any other surface from being sold in the Street Artists Program. 
(proposal submitted by street artist) 



Hearing on proposal to eliminate the 10-day renewal policy on a street 
artist certificate to allow for renewal of more than 10 working days after 
the certificate's expiration, (proposal submitted by street artist) 



A. Hearing on request for Advisory Committee of Street Artists and Craftsmen 
Examiners enforcement on Beach Street, (request submitted by street artist) 



5. Street Artists Program Director's Report 



6. New Business 



7. Adjournment 



July 3, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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11/29/2007 



sfac: July 11, 2007 Page 2 of 2 



Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound- producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@s fgov.org. 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67. of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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sfac: July 11, 2007 meeting cancelled 



Page 1 of 3 



(SFGOV 

> w ,/ ian francisco 



/^ 



sfgov | residents | business | government | visitors | online services I search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

- 

July 11, 2007 meeting cancelled 

STREET ARTISTS COMMITTEE 
Wednesday, July 11, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 




Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, July 11, 2007 has been cancelled. 

July 6, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, 
San Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, htt p://www.sfgov.org/sun shine/ 



DOCUMENTS DEPT 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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11/29/2007 



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sfgov I residents | business I government | visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 




San Francisco Arts Commission 
August 08, 2007 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, August 08, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, August 08, 2007 has been cancelled. A 
special meeting of the Street Artists Committee is scheduled for Wednesday, 
August 22, 2007, its agenda to be forthcoming. 

August 1 , 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, 
San Francisco, CA 94102, telephone (415)252-3100, fax (415) 252-3112 and web site . 



KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



http://www.sfgov.org/site/sfac_page. asp?id=65286 



11/29/2007 



sfac: August 08, 2007 meeting cancelled p age 2 of 3 

Code on the Internet, http://www.sfaov.org/sunshine/ 



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sfgov I residents | business I government | visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

i - i 

August 22, 2007 

STREET ARTISTS COMMITTEE 
Wednesday, August 22, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1 . Hearing and possible motion to approve proposal for Board of Supervisors 
designation of four (4) street artist spaces on the 400 block of Hayes Street, 
north side, at Octavia Street, or other location(s) in the Hayes/Octavia 
vicinity (continued from September 13, 2006 meeting) 

2. Hearing and possible motion to approve issuance, denial, suspension, or 
revocation of certificate 

Manuel Loli - Certificate #6040. Alleged violation: Selling items (glass pipes 
and wooden pipes) not certified by Arts Commission (second offense). 

3. Hearing and possible motion to approve issuance of certificate 

Paula Datesh (Grundman): On April 9, 2003, the Arts Commission denied re- 
issuance of Ms. Grundman's (Datesh's) certificate after finding that she had 
violated the Street Artists Ordinance in the following manner: (1 ) Selling within 
five feet of a fire hydrant; (2) Selling in a location not designated by the Board 
of Supervisors, 2nd offense; (3) Selling items not certified by the Arts 
Commission, 2nd offense; (3) Conducting business in a disorderly, improper, 
hazardous manner by (a) threatening in writing a street artist and (b) 
threatening verbally, and disrupting businesses of, street artists. On July 3, 
2007, Ms. Datesh requested a hearing for consideration of issuance of a new 
certificate in accord with the Arts Commission's procedure to hear such 
requests by former certificate-holders whose certificates were revoked. 

4. Street Artists Program Director's Report 

5. New Business 

6. Adjournment 

August 8, 2007 

DOCUMENTS DEPT. 

Notices 

Explanatory documents are available for public inspection and copying at the Arts NO^ 2 8 Z007 

Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 



Public comment in regard to specific items will be taken before or during 
consideration of the item. 



SAN FRANCISCO 
PUBLIC LIBRARY 



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The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415)252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



http://www.sfgov.org/site/sfac page.asp?id=65609 11/29/2007 



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Page 1 of 2 



(SFGOV 




sfgov I residents | business | government | visitors | online services | search I 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

■ ■ 

August 22, 2007 Notice of Amended Agenda 



STREET ARTISTS COMMITTEE 
Wednesday, August 22, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Amended Agenda (amended as of August 17, 2007) 

1 . Hearing and possible motion to approve proposal for Board of Supervisors 
designation of four (4) street artist spaces on the 400 block of Hayes Street, 
north side, at Octavia Street, or other location(s) in the Hayes/Octavia 
vicinity (continued from September 13, 2006 meeting) 



2. Hearing and possible motion to approve issuance, denial, suspension, or 
revocation of certificate 

Manuel Loli - Certificate #6040. Alleged violation: Selling items (glass pipes 
and wooden pipes) not certified by Arts Commission (second offense). 



3. Street Artists Program Director's Report 



4. New Business 



5. Adjournment 



August 17, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415) 252-3100, fax (415)252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 



DOCUMENTS DEPT. 
NOV 2 8 2007 

SAN FRANCISCO 
PUBLIC LIBRARY 



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11/29/2007 



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Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunsriine/ 



httD://www.sfgov.orR/site/sfac paRe.asp?id=66009 11/29/2007 



sfac: August 22, 2007 Page 1 of 9 



(SfGOV 



sfgov I residents | business | government | visitors | online services | search 
Meetings >> Street Artists Committee Meetings 



San Francisco Arts Commission 
August 22, 2007 



STREET ARTISTS COMMITTEE 

Wednesday, August 22, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



MINUTES 

Members present: Commissioners Alexander Lloyd, Jose Cuellar 

Members absent: Sherene Melania 

Staff present: Interim Director of Cultural Affairs Nancy Gonchar, Street Artists 
Program Director Howard Lazar 

Commissioner Lloyd, Chair, called the meeting to order at 3:03 p.m. and requested 
that the Street Artists Program Director's report be heard. 

1 . Street Artists Program Director's Report 

Street Artists Program Director Howard Lazar reported on the following: 

Street Artists Program's contributions to San Francisco. The Program 
Director had come across the following data he had compiled for the Mayor's 
budget office in 2004 and stated that he felt the data was just as pertinent, if 
not more so, now: 

1. The Street Artists Program provides services to two major groups of 
constituents: the street artists it licenses and the public who buys from the 
street artists. 

2. In granting licenses to some 400 artists to earn a living for themselves and 
their families, it allows the artists to sell on some of the highest retail 
sidewalks in the world - seven days a week all year round. 

3. Approximately 350 street artist locations, designated by the Board of 
Supervisors, fall within four supervisory districts: Districts 1, 2, 3, and 6. 

4. Since its inception in 1972, the Program has been indirectly responsible for 
the livelihood of over 7,000 artists and their families, which has resulted in an 
inestimable savings in governmental assistance. 

5. In 2004, the street artists served nearlylO million visitors to San Francisco 
(statistics compiled by SF Convention & Visitors Bureau) in the four supervisory 
districts: 6.61 million in District 6 (Union Square, Market Street cable car 
turnaround, Embarcadero); 3.20 million in Districts 2 and 3 (Fisherman's 
Wharf); and 189,000 in District 1 (Cliff House/ Pt. Lobos). 



DOCUMENTS DEPT. 



6. Without incurring any cost for the taxpayers, the street artists of the self- 
supporting Street Artists Program contribute an estimated $4,000,000 annually MOW O Q ?fif 
to San Francisco's economy (the Program Director's estimate based on 200 NU ; & o cUU7 
artists who sell daily and earn a conservative average annual income of 
$20,000). SAN FRANCISCO 



7. The Program reduces San Francisco's unemployment rate by licensing street 



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artists to support themselves through selling their work. Using statistics 
provided by the San Francisco Chronicle, Mr. Lazar showed that, in 2004, the 
Program reduced San Francisco's unemployment by 1%. 

8. The presence of street artists in public places reduces the number of 
individuals panhandling, loitering, and living on the streets, as well as reducing 
the number of thefts on the sidewalks, during business hours of 10 a.m. to 7 
p.m. Using statistics provided by the Union Square Business Improvement 
District, Mr. Lazar showed that the presence of street artists on a sample 
heavily-trafficked retail street as Market Street, between 4 th and 5 th Streets, 
reduced the number of individuals panhandling, loitering, and living on the 
streets, and reduced the number of thefts, for the year by 67%. 

List of current certificate-holders. Following the directive of the Program 
Committee, the Program's Associate Evelyn Russell produced a list of current 
certificate-holders for the second consecutive month. The list is alphabetized 
and shows the future expiration date of each certificate. The list has been 
useful at the lotteries for spaces; to further assist the lotteries, one of the 
artists, Michael Addario, sorted the list by date. 

Barbara Keith-Smith. Street Artist Barbara Keith-Smith, who had been in the 
Program since 1997, recently passed away. She is best remembered for her 
licensed three-dimensional (dioramic-style) paintings of interiors. Calling her 
"a wonderful presence out on the street," Mr. Lazar stated that he received 
several e-mails from street artists expressing their condolences and sharing 
happy stories about Barbara. 

Spaces by The Cannery. The Program Director was contacted by Patson 
Development Company, the new owner of The Cannery, with regard to the 
locations of the street artist spaces adjacent to the three sides of the shopping 
complex. Mr. Lazar met with Ms. Alicia Jermaine, the Cannery's Property 
Manager, and showed her the sites. Ms. Jermaine expressed to him that her 
management was having a problem with artists in space "J-5" (Jefferson 
Street) extending their displays too far into the entrance of The Cannery's 
courtyard. Mr. Lazar observed that someone had incorrectly painted the 
location of the brackets of "J-5" and said he would repaint them in their 
proper location - away from the entrance. He also informed the artists at the 
lottery to observe the distance-from-entrance regulation or face possible 
disciplinary action. 

Advisory Committee monitoring of arts and crafts. At the request of the 
Program Director, members of the Advisory Committee of Street Artists and 
Craftsmen Examiners have been visiting the street artist sites on the weekends 
during summer and have been sending their reports with photos of possible 
violations to Mr. Lazar to take action on the alleged violators. Mr. Lazar 
informed the Commissioners that, while he was handling the most egregious 
violations, he had not been able to keep up with the volume of reports. 

Winter holiday spaces. For the September meeting of the Street Artists 
Committee, Mr. Lazar stated that he would be submitting his request for 
additional street artist spaces for the upcoming winter holiday season. If 
approved, this will be the 26 th consecutive year that the Arts Commission will 
be submitting such legislation to the Board of Supervisors on behalf of the 
street artists. 

Budget for fiscal year 2008-09. For the agendas of October or November, Mr. 
Lazar stated that he would be submitting his budget for fiscal year 2008-09. He 
anticipated a proposal for increases in the certificate fee for each of the next 
three years, as the Program's surplus fees, which have offset recent deficits, 
are expected to be depleted by the end of the current fiscal year. He pointed 
out that, due to the Program's utilization of the present surplus, it was 
possible to have maintained the fee at the same level for the current year and 
the previous two years. 

No smoking at Justin Herman Plaza. Upon receiving a complaint against an 
artist's alleged smoking of marijuana and then receiving the artist's response 
that it was being smoked for medical reasons, Mr. Lazar sought advice from the 
City Attorney's office as to whether smoking of marijuana for medical reasons 
at Justin Herman Plaza was to be allowed. The City Attorney responded that, 
because the Plaza was to be used for recreational purposes and was under the 



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jurisdiction of the Recreation and Park Commission, no smoking of anything, 
not even marijuana for medical purposes, was allowed. 

Commissioner Cuellar asked that the Program Director correct any possible 
typographical or other errors that may be in the list of current certificate- 
holders. The Commissioner invited artists to check out the list and submit any 
questions concerning possible errors to Mr. Lazar. 

Commissioner Cuellar also requested an assessment at the next meeting from 
the Program Director as to the number of grievances/alleged violations 
awaiting investigation and how they may be prioritized. 

Commissioner Lloyd called for public comment on the Program Director's 
report. 

Street Artist Michael Addario stated that, with regard to the list of current 
certificate-holders, it would be possible for the Program Assistant to update 
each file as the certificate- holder is renewed, so that all 400 files would not 
have to be reviewed each month. Secondly, Mr. Addario wanted to see the 
Program investigate obtaining an electronic licensing system. 

In response to a question by Commissioner Cuellar as to obtaining an estimate 
of the cost of converting to an electronic system, Mr. Lazar stated that one of 
the Program Assistant's goals for the year is to research the types and costs of 
such a system. Commissioner Cuellar encouraged the Program to pursue the 
research. 



2. Hearing and possible motion to approve proposal for Board of Supervisors 
designation of four (4) street artist spaces on the 400 block of Hayes Street, 
north side, at Octavia Street, or other location(s) in the Hayes/Octavia 
vicinity (continued from September 13, 2006 meeting) 

Program Director Lazar referred the Commissioners to a map he had drawn, 
based on the proposal from street artists William and Robert Clark, which 
would place four street artist locations some sixty feet away from the nearest 
business, Flipper's Hamburgers. The Program Director further stated that he 
had met with Mr. Chris Mejia, an arts events coordinator of Hayes Valley who 
had proposed an alternative location for the street artists: the west side of 
Octavia Street, near Hayes Street, facing Patricia's Green. Mr. Mejia had also 
expressed that, if this were successful, other street artist spaces could be 
requested for designation along Octavia Street, commencing near Market 
Street, in order to attract customers up the street and eventually to 
commercial Hayes Street. 

Mr. Lazar went on to relate that he had met with Mr. Lorn Dittfeld, a co- 
director of the Hayes Street Merchants Association, who had liked the idea of 
having street artists in the vicinity. Since then, however, Mr. Dittfeld is no 
longer a co-director; and Mr. Lazar received a letter from Mr. Russell Pritchard, 
a co-director, which stated his Association's opposition to having street artists 
in Hayes Valley. 

Mr. Lazar stated that, from his own experience in working with the Street 
Artists Program for thirty-five years, he has found that whenever street artists 
are on a sidewalk, as mentioned previously (see Program Director's report), 
their presence reduces crime on the sidewalk, they become "ambassadors" for 
the city offering visitors directions to shops and restaurants, and they enhance 
the economic and cultural vibrancy of a neighborhood. 

Should the Commissioners adopt any plan for street artists in Hayes Valley, Mr. 
Lazar recommended that the spaces be designated for six months only. If the 
spaces were to engender problems in the community, the Arts Commission 
would not have to be obliged to request their continuation. 

At the request of Commissioner Lloyd, the Program Director outlined the 
process of legislatively obtaining street artist spaces. 

Commissioner Cuellar noted that Mr. Mejia was not present. 

Street Artist William Clark presented the Commissioners with copies of 



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Proposition "L" (Street Artist Ordinance), the ballot measure adopted by the 
voters in 1975, and stated that, in the past, people had the misconception that 
street artist spaces are limited to three feet wide by four feet long; whereas 
the ordinance allows a street artist space to be less than three feet wide if the 
sidewalk is not wide enough to provide for a three-foot space. He read from 
the section describing the Board of Supervisors designating, after public 
hearing, "areas in or on any public street or public place where any street 
artist certified pursuant to the provisions of this ordinance may sell, offer for 
sale, expose for sale, or solicit offers to purchase any art or craft item of his or' 
her own creation ... In designating such areas, the Board of Supervisors may 
impose such conditions and limitations at its discretion are necessary to 
prevent any undue interference with normal pedestrian or vehicular traffic, or 
any damage to surrounding property including interference with view or 
enjoyment of public parks ..." The safety regulations, Mr. Clark said, were 
passed by the Supervisors after the ordinance was approved by the voters to 
help determine safe places for street artists. 

Mr. Clark went on to say that, although the Commissioners were presented with 
an alternative proposal to the Clarks' proposal, he was happy to take as many 
suggestions as possible to the Board of Supervisors. He was offering his own 
proposal on the basis that it fit all the legal requirements and that they are not 
near any merchants or businesses but are adjacent to a parking lot. He 
encouraged the Commissioners to pass the proposal, with or without 
recommendation, to the Supervisors for an opportunity to discuss the issue on 
that level. 

Mr. Russell Pritchard, Co-Director of Hayes Valley Merchants Association, stated 
that his Association was formed in January, 1991, and, since its inception, one 
of its primary goals is establishing the Hayes Valley neighborhood as very 
unique whereby people coming to San Francisco to shop will not find within the 
neighborhood what they would see elsewhere, such as in chain stores. After 
fighting off the establishment of a Starbucks in the neighborhood, the Hayes 
Valley merchants and residents succeeded in getting legislation passed which 
bans all chain stores from Octavia and Hayes Streets and Octavia and Market 
Streets. In the last seventeen years, he said, the Hayes Valley focus on all of its 
neighborhood events has been on its individual shops and the uniqueness of the 
neighborhood. It has received press coverage locally and nationally. He went on 
to say that about 75% of his neighborhood's merchants show works of local 
artists; his own store exhibits photography by street artist Rich Trager. His 
organization, evolving as an arts coalition, is working with Supervisor Ross 
Mirkarimi and Arts Commission Public Arts Program Director Jill Manton on the 
next installation for Patricia's Green. He went on to describe other upcoming 
art events and sidewalk sales for his neighborhood. 

Street Artist Robert Clark stated that, for thirty-five years, he has been 
working to find locations for street artists, and that "it was amazing," after 
working "so hard for thirty-five years to help the art community," to hear "that 
the reason why they don't want us in their neighborhood is because they have a 
neighborhood where they're trying to create an artistic atmosphere. To me, 
that is exactly the reason why we should be in their neighborhood. And I would 
like this Commission to recognize that thirty-five years ago, when we first 
started fighting for street artist spaces, and being arrested, and going to the 
Board of Supervisors, it was exactly for this reason that the merchant 
associations ... blanketly opposed any street artists in their areas." Prior to 
going to the Board of Supervisors and the ballot, he said, there were standing 
complaints by the merchant associations lodged with the Police Department to 
deny permits for the artists. "As a result of that, that is what caused us to go 
to the people; we went to the ballot, and the people - over a hundred 
thousand of them - voted and said, 'Yes, Supervisors, you may designate 
locations in any street or public place in this city for street artists and 
craftsmen.' Now that 'may' is a permissive 'may': that's giving us permission 
to come before this board and ask for locations in any street and public place 
in this city." 

Mr. Clark went on to say that his brother and he walked through Hayes Street 
and found a sidewalk adjacent to a parking lot which could contain four street 
artist spaces. The Clarks decided to not propose locations across from 
Patricia's Green "because the merchants object to us being by parks because 
we obstruct the view of parks." The best thing to do, they decided, was to 
propose the four locations by the parking lot, as this would have the least 



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interference with the merchant community. "I don't know what more we can 
do. ... For thirty-five years, we went to the Port, we went to Rec-Park, we went 
to 24 th Street, we went to Clement Street, Haight Street, and every single 
time the merchants in those areas came with the same excuse: 'We don't want 
these people in our neighborhood.' Now we have a merchant organization that 
has the audacity to come up here and tell us we don't deserve to be in their 
neighborhood because they only cater to artists and craftsmen." However, Mr. 
Clark stated, this was not the real issue. The real issue was that the street 
artists represented competition for the Hayes Street businesses, and that, Mr. 
Clark emphasized, was not a legitimate reason to deny the artists the right to 
be in the neighborhood. 

Mr. Clark ended by saying that all his brother and he were asking was that the 
Arts Commission pass the item to the Board of Supervisors. "Let's put this out 
in the public; let's let these merchants stand up in front of the television 
cameras and tell the public who voted in favor of the Street Artists Program" 
that '"We don't want these people in our neighborhood.'" The voters, he said, 
had wanted to see the street artists and craftspeople move into the 
neighborhoods. "It's 'we the people,'" he said, "not 'we the merchants of 
Hayes Street.'" 

Street Artist Michael Addario stated that not only is the previously mentioned 
Rich Trager a licensed street artist but Dan Das Man, who created the large 
Passage statue on the Embarcadero, was a former street artist, too. "The San 
Francisco Street Artists Program is an incubator for talent," he said. 

At the close of public comment, Commissioner Lloyd stated that he was 
inclined to recommend to the Board of Supervisors approval of the proposal for 
a six-month designation to assess what effects the spaces might have on the 
neighborhood. 

Commissioner Cuellar moved that the proposal of William and Robert Clark for 
the designation of four (4) street artist spaces on Hayes Street be accepted for 
submittal to the Board of Supervisors, with a recommendation that the Board 
also consider the option of other locations in the vicinity, and that it be further 
recommended that the spaces be designated for six-months with option of 
renewal in order to assess their impact on the neighborhood; the motion was 
seconded by Commissioner Lloyd and unanimously approved. 



Hearing and possible motion to approve issuance, denial, suspension, or 
revocation of certificate 

Manuel Loli - Certificate # 6040. Alleged violation: Selling items (glass pipes 
and wooden pipes) not certified by Arts Commission (second offense). 

Program Director Howard Lazar stated that the Commissioners last June had 
voted to renew Mr. Loli's certificate. Thereafter the Program Director received 
reports and accompanying photos, taken by members of the Advisory 
Committee of Street Artists and Craftsmen Examiners on July 7 and 14, 2007, 
of Mr. Loli and his display at Justin Herman Plaza. (Mr. Lazar submitted the 
reports and photos as evidence.) The Committee, in their report of July 7, 
noted that Mr. Loli was selling flame-worked glass pipes which Mr. Loli had 
never submitted for examination by the Advisory Committee and approval of 
the Arts Commission. In their report of July 14, the Committee noted that, in 
addition to his selling glass pipes again, Mr. Loli was selling wooden pipes that 
were not the same wooden pipes as the Committee had approved him to sell. 

Mr. Lazar also received photos of Mr. Loli's display on July 7, taken by a person 
whose identity was confidential, showing glass pipes which Mr. Loli had not 
submitted for examination nor received approval to sell. 

Mr. Lazar summarized the Program's position, as follows: It was not a question 
of whether or not Mr. Loli made the pipes; the point was that Mr. Loli was in 
violation of the law by selling items which had not been screened and certified. 
Such violation has been traditionally held by the Arts Commission as a serious 
violation. The Commissioners themselves, in re-issuing his permit, warned him 
against committing such violation, and informed him that anything new he 
wished to sell must first be submitted to the Advisory Committee for 
examination; this is in keeping with the Street Artists Ordinance which requires 



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the Arts Commission to screen the wares of a street artist in order to verify 
that the items are of the artist's own creation. Mr. Lazar further stated that, 
upon being warned, Mr. Loli told the Commissioners that he did not see why he 
should have to screen anything new since he was an artist constantly creating 
his art (see June 13, 2007 minutes of the Street Artists Committee in which 
Mr. Loli asked the Commissioners to "adjust" the law to allow him to have 
pre-approval for all items he would be creating). 

The Program Director stated that he reviewed Mr. Loli's file and noted that on 
November 10, 2005, Mr. Loli was screened for wood pipes, but these were not 
the same in shape as those he was currently observed selling. (The 
Commissioners compared the photo taken on November 10, 2005, with that 
taken on July 14, 2007.) Secondly, at the comprehensive visit performed by the 
Advisory Committee at Mr. Loli's studio on November 2, 2006 (as requested by 
the Commissioners), the Advisory Committee approved him to sell tuaga nut- 
and-wood pipes which did not resemble the wood pipes he was currently found 
selling. (The Commissioners compared the photo of the tuaga nut-and-wood 
pipes taken at the studio visit with the July 14, 2007 photo of the wood pipes.) 
Furthermore, at the same studio visit, the Advisory Committee stated 
disapproval of laminated wood pipes offered by Mr. Loli because he had failed 
to demonstrate fabrication of the pipes and failed to provide ample raw 
materials, receipts, finished pieces, "or any ameliorating circumstance to 
explain the foregoing." 

Mr. Lazar contended that Mr. Loli, having gone through nearly a year's worth of 
hearings with the Commissioners, having received a four-month denial of 
renewal of his certificate until the Commissioners authorized its renewal last 
June, and having received a clear warning from the Commissioners that 
henceforth he would have to submit any new item for screening prior to 
offering it for sale, failed to submit the glass pipes and the wood pipes for a 
screening and therefore committed a major violation of the Street Artist 
Ordinance. Accordingly, the Program Director was requesting revocation of Mr. 
Loli's certificate. 

Commissioner Cuellar requested Mr. Francisco Hulse, the interpreter provided 
by the Street Artists Program for Mr. Loli, to make it clear to Mr. Loli that the 
Commissioners wanted him to address the specific violations of displaying for 
sale items not certified. 

Through the interpreter, Mr. Loli stated that it was his intention to clarify 
things. With respect to the denunciations of the glass pipes that he was selling, 
he wanted to clarify - because it had not been clear - that he had put his heart 
into the making of the pipes. He had told the Advisory Committee members at 
his studio visit that he could use metal, bone, wood, glass in his items, and 
that these were shown in the photos taken by the Committee in his studio. (He 
submitted copies of photos to the Commissioners.) He said the photos showed 
other materials made of glass, such as bottles and other containers. He went 
on to say that at no time was it his intention to violate anything. The last time 
his license was renewed, he said, he thanked the Commissioners for that, 
despite having endured nearly a four-month suspension. This was for having 
declared himself "in rebellion" and having gone "ahead and sold without 
license." He asked for forgiveness. With regard to the present situation, he 
"had no intention now of violating anything." As for the wood pipes, he had 
been approved to sell pipes - simple pipes that he makes. In the photos of the 
studio visit, it could be readily observed that there were "pipes in the process 
of being made, and they were laminated pipes." He thought that he "could sell 
all this" because he "had been approved; at no time was" he "told that" he 
"could not sell." His license, he said, from July of 2006, said that he was 
approved to sell wood pipes. His most recent license, however, did not include 
various items for which he had been certified. He asked where the document 
was that said that he could not sell the wooden pipes he was currently selling. 
He concluded that it was up to the Commissioners to decide the matter, and 
that he had "no intention of bothering" them "anymore or taking up any more 
time." 

Mr. Loli added that he personally was very satisfied with his art and did not 
believe that he had violated anything. "The only thing that really rubbed" him 
"the wrong way is that" among the "350 artists ... less than a handful of artists 
want to make trouble for" him for anything. In particular, he said, there was 
one lady who, not respecting his clients, was harassing him, taking pictures of 



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him, and has made trouble for him for a year. According to her, she had the 
support of a member of the Street Artists Program. (Mr. Loli submitted a letter 
to the Commissioners.) 

Commissioner Lloyd asked the Program Director why there was a difference in 
Mr. Loli's previous certificate card and his current one. Mr. Lazar responded 
that there have been instances in which street artists have asked the 
certifying staff to not list on their cards items for which they had previously 
received certification but to list only items they were currently selling. He did 
not know what Mr. Loli had told the Program Associate who had made out his 
current card. However, if anyone were to ever question whether a particular 
artist had the authority to sell a certain item, a complete record was in the 
artist's file describing all the items the artist was allowed to sell. 

In response to further questions by Commissioner Lloyd, the Program Director 
stated that, in advance of the hearing, Mr. Loli had been informed in two 
letters and accompanying photos of the items that were in violation. 
Furthermore, Mr. Loli had come before the Commissioners last year on the 
same charge, relative to other items he had been selling, because he had not 
heeded the warning issued to him prior to that time. In fact, the Program 
Director had digressed from the Commission's hearing procedure on street 
artist violations by giving him a warning for a type of serious violation - selling 
items uncertified - which ordinarily would have resulted in a hearing without 
previous warning. The Program Director stated that, by issuing him a warning, 
he had given him an opportunity to adhere to the rules; but Mr. Loli had 
ignored them. 

Commissioner Lloyd stated that, after Mr. Loli's previous hearings with the 
Street Artists Committee, it was clear to the Commissioner that Mr. Loli had 
understood that it was not only that he had to make what he sold but that he 
had to get the items approved prior to selling them. 

Mr. Loli stated that he had shown the screening committee everything at his 
studio, and when he came to see the Program Director last week, Mr. Lazar did 
not even know he had been approved for wood pipes; he should be sincere and 
say why "wood pipes" did not appear on his license, as well as his knitted 
leather bags and decorated boxes. How was he to know what he could sell if 
those items were not on his license? 

Commissioner Lloyd clarified, again, to Mr. Loli that he was only allowed to sell 
items that had been approved through the Commission's procedure. 

The Program Director stated that, while an omission on Mr. Loli's certificate 
could have been the result of staff error, Mr. Loli knew exactly what he was 
allowed to sell because he had been physically present at every screening and 
studio visit relevant to his items and had been spoken to directly by the 
Advisory Committee, which included the assistance of an interpreter hired by 
the Program for the studio visit. All items that had been approved for him to 
sell had appeared on his previous licenses. Furthermore, if he had had a 
problem with the deletion of items from his current license, he had had ample 
opportunity to mention it and corrections would have been made. 

With regard to Mr. Loli's allegation that the Program Director did not know he 
had been approved for wood pipes, Mr. Lazar had told him that he did 
acknowledge that he had been approved for wood pipes but that they were not 
the same pipes that he had recently been observed selling. Just because an 
artist has been approved to sell "wood pipes," it does not mean that the 
approval extends to all types of wood pipes the artist may wish to sell. The 
approval was made only for the specific wood pipes that had been examined. 

Commissioner Lloyd stated that it was important that the public understood 
that this Program was not for street vendors but for street artists. 

Mr. Loli maintained that the wooden pipes had no major differences in 
comparison with the previous ones that had been approved; there was only "a 
minimal difference in angles." 

Commissioner Cuellar asked Mr. Loli to distinguish the differences between the 
pipes appearing in the photos he had brought to the hearing, the pipes 
approved by the Street Artists Program (shown in photos in his file), and the 



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pipes observed on his table by the Advisory Committee members. The 
Commissioner asked him if there was any photo in his file or in any he had 
brought that showed the glass pipes he was selling as approved by the Advisory 
Committee. 

Mr. Loli responded that he had the understanding that the things in his studio 
were approved, including pipes of glass. 

Commissioner Cuellar stated that he wanted to see a glass pipe of Mr. Loli's 
that had been approved by the Street Artists Program. 

Mr. Loli responded that, according to his letter, he had "a process of evolution 
in" his "art." There were pipes that had been approved at his first screening; 
and there were pipes that he had shown at his studio; "and there were "new 
designs ... made of the same material." 

Commissioner Cuellar asked him if, by the time he had received last year's 
license, there had been approved glass pipes listed on his license. 

Mr. Loli countered that the Commissioner did not understand what he was 
trying to explain. 

Commissioner Cuellar stated that he was looking for the evidence of approval 
of glass pipes, not their artistic creation. 

Mr. Loli stated that everything in his studio had been approved. 

Commissioner Lloyd stated, to Mr. Loli, that if this were the first time he came 
before the Commissioners, the Commissioner would be persuaded to give him 
the benefit of the doubt; but the Commissioners had made it clear to him that 
he was required to seek approval for everything that he wished to sell. 
Commissioner Lloyd, in reviewing the photos of Mr. Loli's file, the photos of his 
studio visit, and the photos of his recent street display, stated that he did not 
see any evidence that the glass pipes had ever been approved. 

Commissioner Cuellar stated that, given the fact that there was no evidence 
that glass pipes had been approved by the Program, given the fact that Mr. Loli 
himself, in his letter, identified three categories of pipes - pipes approved, 
pipes observed in his studio, and pipes that he makes and sells for the past 
three years - it was apparent that Mr. Loli understood that he was suspended 
because he had sold without certification and not because he did not make his 
own art. 

The Commissioner went on to say that his Committee, in the previous hearings 
with him, had attempted to make it clear to Mr. Loli that the Street Artists 
Program was not a street vendors program, that he could obtain a peddler's 
license from the police, under Section 869 of Part II, Chapter 8 of the Municipal 
Code, and could sell unexamined items without a problem. But, as a street 
artist certified by the Arts Commission, he was entitled to sell only his own 
items as examined and approved by the Advisory Committee and the Arts 
Commission. 

Commissioner Cuellar further noted that there had been a number of violations 
committed by Mr. Loli that had been noted by both the Program Director and 
the Advisory Committee. Furthermore, the Commissioners had been dealing 
with Mr. Loli's issues for the better part of a year and had spent nearly $10,000 
(in staff time and interpreters' fees) in helping him to comply with the law. 
After "investing a significant amount of money in this case, " the Commissioner 
concluded that "Mr. Loli fails to understand still ... what we're trying to say. 
With all the professional help in translating" it appeared that Mr. Loli did not 
want to understand that he could not sell items that have not been approved 
by the Commission. "Therefore," Commissioner Cuellar concluded, "because 
he [Mr. Loli] understood that he could not do that, and he still did it, and that 
this is not the first offense but another in a series of offenses, I am going to 
move that we revoke his certificate." 

Commissioner Cuellar moved that it be found that Manuel Loli violated the 
Street Artist Ordinance by selling items (glass pipes) not certified by the Arts 
Commission, that such violation constituted a second offense of the ordinance, 
and that Mr. Loli's certificate be revoked; the motion was seconded by 



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Commissioner Lloyd. 

Commissioner Lloyd called for public comment. 

Street Artist Z. B. Doroszkiewicz stated that, while most street artists try to 
upgrade the art of their Program, Mr. Loli violated the artists' endeavor by 
admitting to the artists themselves that he was selling pipes without the 
Commission's permission. The artists tried to talk to him, to give him a chance 
to comply, but he did not. 

Mr. Loli stated that he was very sorry that the Program had spent $10,000, but 
he had to spend $2,500 on attorneys; it also generated health and financial 
problems for him and his family. To Program Director Lazar, he stated, "May it 
weigh on your conscience that my wife today is going for psychiatric help ... In 
two weeks, I'm going to Argentina to see her... I will accept what you have 
decided." 

The motion was unanimously approved. 

4. New business 

Street Artist Michael Addario submitted a letter listing five issues and described 
each briefly. 

Street Artist Fernando Hechavarria. Mr. Addario asked that the Arts 
Commission give recognition to the heroic efforts of Street Artist Fernando 
Hechavarria who left his stand to help save a Cannery security guard, who was 
having a heart seizure, from an attacker. Mr. Addario asked that the 
Commission pay Mr. Hechavarria an honorarium to compensate him for loss of 
income as a street artist while having to attend court proceedings against the 
assailant. 

Commissioner Lloyd stated that the City Attorney would have to be consulted 
to see whether it was within the Arts Commission's purview to grant an 
honorarium for such an incident. He asked the Program Director to schedule 
this for the next agenda. 

Port Commission's Street Performers Program. Mr. Addario described how in 
2003 Program Director Lazar approached the Port with a plan to designate 31 
spaces for street artists; the plan was rebuffed by the merchants on Port 
property and the staff of the Port. Mr. Addario photographed illegal vendors on 
Port property in 2006. He then went on to describe the Port's steps in 
establishing a licensing program for performers on Port property. He urged the 
Arts Commissioners, staff, and street artists to be watchful of the activities of 
the performers, as certain activities could possibly adversely affect the 
reputation of the Arts Commission's Street Artists Program. 

Former Street Artist Paula Datesh (Grundman). Former certificate-holder 
Paula Datesh (Grundman) asked that her request for a new certificate be heard 
at next month's Committee meeting. 

Commissioner Lloyd directed Program Director Lazar to calendar the item on 
next month's agenda. 

There being no further business, Commissioner Lloyd adjourned the meeting at 
4:36 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 

September 13, 2007 



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sfgov | residents | business | government | visitors | online services I search 
Meetings >> Street Artists Committee Meetings 



San Francisco Arts Commission 
September 12, 2007 



STREET ARTISTS COMMITTEE 
Wednesday, September 1 2, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1 . Hearing and possible motion to approve proposal to disallow computer- 
generated paintings on canvas, wood, or any other surface from being sold 
in the Street Artists Program, (proposal submitted by street artists) 

2. Hearing and possible motion to approve proposal to eliminate 10-day 
renewal policy to allow for renewal of more than 10 working days after a 
certificate's expiration date, (proposal submitted by street artists) 

3. Hearing and possible motion to approve issuance of certificate 

Paula Datesh (Grundman): On April 9, 2003, the Arts Commission denied re- 
issuance of Ms. Grundman's (Datesh's) certificate after finding that she had 
violated the Street Artists Ordinance in the following manner: (1) Selling within 
five feet of a fire hydrant; (2) Selling in a location not designated by the Board 
of Supervisors, 2nd offense; (3) Selling items not certified by the Arts 
Commission, 2nd offense; (3) Conducting business in a disorderly, improper, 
hazardous manner by (a) threatening in writing a street artist and (b) 
threatening verbally, and disrupting businesses of, street artists. On July 3, 
2007, Ms. Datesh requested a hearing for consideration of issuance of a new 
certificate in accord with the Arts Commission's procedure to hear such 
requests by former certificate- holders whose certificates were revoked. 

4. Hearing and possible motion to approve proposal by Program Director for 
temporary winter holiday selling spaces for street artists in Downtown area 
and at Harvey Milk Plaza; designation for November 15, 2007 - January 15, 
2008) (same spaces and same time period as approved for 2006-07). 

5. Hearing and possible motion to approve resolution commending Street Artist 
Fernando Hechavarria for bravery, (resolution requested by street artists and 
Program Director) 

6. Hearing on request for Advisory Committee of Street Artists and Craftsmen 
Examiners enforcement on Beach Street. 

7. Street Artists Program Director's Report 

8. «ew Busing DOCUMENTS DEPT. 

„ „. NOV 2 8 2007 

9. Adjournment 

SAN FRANCISCO 
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September 6, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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sfgov I residents | business I government | visitors | online services | search 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



September 12, 2007 

STREET ARTISTS COMMITTEE 

Wednesday, September 12, 2007 

3:00 p.m. 

25 Van Ness Avenue, Suite 70 



MINUTES 

Members present: Commissioners Alexander Lloyd, Jose Cuellar, Sherene Melania 

Members absent: None 

Staff present: Street Artists Program Director Howard Lazar 

Commissioner Lloyd, Chair, called the meeting to order at 3:05 p.m. and requested 
that the Street Artists Program Director's report be heard. 

1. Street Artists Program Director's Report 

Street Artists Program Director Howard Lazar reported on the following: 

Alleged violation cases for review. In response to a request by Commissioner 
Cuellar at the previous month's meeting, the Program Director reported on the 
number and disposition of alleged violation cases that have accumulated: there 
were two cases which the Program Director felt were worthy of submitting to 
the Street Artists Committee for hearing; seven cases that required the 
issuance of warning notices; and two cases requiring in-depth investigation 
prior to considering courses of action. Relative to the ongoing annual backlog 
of cases, Mr. Lazar will be contacting the City Attorney's office to help him 
find a legal intern who could assist him once or twice a week in taking down 
reports by plaintiffs, investigating cases, and typing warning notices and other 
documents. 

2. Hearing and possible motion to approve issuance of certificate 
Paula Datesh (Grundman) 

Program Director Lazar briefly summarized that, on April 9, 2003, the Arts 
Commission denied re-issuance of Ms. Grundman's (Datesh's) certificate after 
finding that she had violated the Street Artists Ordinance in the following 
manner: (1) Selling within five feet of a fire hydrant; (2) Selling in a location 
not designated by the Board of Supervisors, second offense; (3) Selling items 
not certified by the Arts Commission, second offense; (4) Conducting business 
in a disorderly, improper, hazardous manner by (a) threatening in writing a 
street artist and (b) threatening verbally, and disrupting businesses of, street 
artists. On July 3, 2007, Ms. Datesh requested a hearing for consideration of 
issuance of a new certificate in accord with the Arts Commission's procedure to 
hear such requests by former certificate-holders whose certificates were 
revoked. 

Mr. Lazar stated that the City Attorney and he felt that Ms. Datesh's request 
falls within the purview of the Arts Commission's policy on revocation and final 
revocation, adopted by the Arts Commission on June 7, 1993, which provides in 
relevant part that "(1) a period of at least one year must elapse between the 
revocation of a street artist certificate and the Commission's consideration of 
an application for a new certificate; (2) the Program Committee must hear the 
request for a new certificate; (3) at the hearing, the applicant must present 
evidence in the form of witness testimony or documentation that he or she is 



DOCUMENTS DEPT. 
NOV 2 8 Z007 

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now able and willing to comply with the street artist ordinance; (4) the 
Program Committee's recommendation for approval or disapproval is submitted 
to the full Art Commission which, by resolution, approves or disapproves the 
recommendation...." Mr. Lazar went on to state that the gist of the City 
Attorney's advice in the present matter was that the Commissioners allow the 
policy to be the guidance of their consideration and that be the scope of 
consideration. While the public could speak about other issues regarding Ms. 
Datesh, the Commissioners represented the Street Artists Ordinance and were, 
therefore, urged by the City Attorney to arrive at a decision based on the 
requirements of the ordinance and the Commission's revocation policy. 

Ms. Paula Datesh introduced two witnesses on her behalf, Ms. Kitty Quon of 
Fine Facets jewelry store, San Francisco, and Ms. Viki Tamaradze of Misc. & 
Etc. Merchandise, Berkeley. 

Commissioner Cuellar ascertained that the two witnesses were not affiliated 
with the Street Artists Program. Ms. Quon stated that she owned a store in the 
Gift Center and has sold beads to Ms. Datesh who had used them in the design 
of fine jewelry. 

Commissioner Lloyd asked Ms. Datesh for her view of the charges that were 
levied against her in 2003. 

Ms. Datesh responded that she had not been able to attend the hearing at that 
time, that she had made "every effort possible to notify the Arts Commission"; 
the hearing had been postponed many times. Because she had not been able to 
attend the hearing, her "frustration or ... dilemma" began with "this 
bluebook" [The Street Artists Program's 1998 edition of its handbook entitled, 
Street Artists Program] which "should be made available to be public 
information; it's out of print, it's out of date," but she "was able to find it ... in 
archives of San Francisco Library." She went on to say that she made "a lot of 
efforts in the beginning to ask people 'Do you know anything about it 
whatever?' In the bluebook it clearly states that when a person's permit is 
revoked, they are entitled after a year to reapply. I didn't know that because I 
didn't have access to this bluebook. And I did try. And that's the heart of my 
dilemma. So basically there were serious charges, and I never got a chance to 
answer them. ... I don't take issue with them. But I did make every effort in 
these past three years to find out. I came to these hearings three separate 
times, once with a lawyer who sat in back, just to have three minutes at the 
end of public comment to request that it be put on the agenda. ... According to 
the minutes, April 14, 2004 ... it was supposed to be put on calendar ..." 

Commissioner Lloyd stated that she was presently before the Committee and 
the Committee would make a decision based on what has changed within Ms. 
Datesh and not on the process that got her before the Committee. 

Ms. Datesh went on to state that "then there was the hearing in City Hall; 
again, nobody told me that at the end of a year you could reapply. ... Nobody 
addressed it; nobody talked about it." She stated that she had been in 
Pennsylvania for two years, during which she contacted Program Director Lazar 
a few times on the possibility of returning to the Street Artists Program, "but 
nobody mentioned to me that you could reapply after a year." 

She confirmed with the Commissioners that the question for consideration was 
"What's different or what's changed?" 

Commissioner Cuellar responded: "Why should we issue the certificate to you?" 

Ms. Datesh responded that "it's an entitlement," that if a person was working 
very hard making their items, they are entitled to a permit. She admitted that 
she worked "out on the street for a year without a permit, and for me it was 
hard because even though I didn't get any tickets and I tried to be by myself, 
stay out of the line of fire, stay away from people, I was working really hard at 
night making my stuff too" and was selling her items in locations that were 
"not the good spots" ...Going back to the bluebook, had the bluebook been 
made available to me the very short time that I was in that Program, that's the 
rule book, I would have understood the rules instead of having to find out the 
hard way." 

Ms. Datesh went on to relate that the first time she had a hearing "was only 



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about three months after getting that license ... and I got suspended; again, 
nobody explained to me the appeal process." 

Commissioner Lloyd asked her if she had had an opportunity to read the 
rulebook now. 

Ms. Datesh responded: "Oh, I know it by heart, believe me." 

Commissioner Lloyd asked her whether, if she received a permit, she would be 
able to follow the rules. 

Ms. Datesh responded: "I think I made a lot of mistakes. I probably made more 
mistakes than any person can make. And I learned the hard way because I 
didn't have a friend in this Program. I'm from New York; the orientation of 
selling on the streets is completely different. I think over time you sort of learn 
things or people might talk to you ..." 

Commissioner Cuellar asked Ms. Datesh whether the violations she had made 
were based on ignorance of the rules rather than intentional violations of the 
rules. 

Ms. Datesh responded that she "never had a chance to answer those 
allegations." 

Commissioner Cuellar stated that Ms. Datesh had alleged that in the past she 
had not read the book, she did not know the rules, no one explained them to 
her. The Commissioner pointed out, however, that there were at least two 
sources of information available to her: one was the text of the bluebook; "the 
other is the Director of the Program who, for the limited time that I've been on 
the panel, on the Commission, two, almost three years now, I've seen him to 
be very receptive to inquiries ... responding directly to questions, and even 
anticipating questions of members of the Program.... I find it difficult to believe 
that Howard wouldn't answer direct questions from you ... when you say that no 
one exptained to you. I find that difficult." The Commissioner went on to say 
that "this is an interactive program ... funded by the artists. It's a membership 
program and an interactive community" of artists "who might be able to help 
you explain and understand" the rules. "So there are two ways of getting 
information about the Program..." He further explained that his fellow 
Commissioners and he "are servants here doing public service from our various 
disciplines to help the Street Artists Program. ...We're here to follow just the 
rules. That's what we're trying to understand from you: If we issue a 
certificate, ... what can you say to us so that we will be confident that you will 
follow the rules and that we won't be here within in a year or so dealing with 
violations of being too close to a fire hydrant, selling where you're not 
supposed to sell, selling materials that you did not make yourself ...or 
conducting business in a way that is not conducive within the context of the 
Arts Commission? The issues that were raised here in the past ... We 
understand now that in the future how can you assure us that we won't have to 
be dealing with these issues again? ..." 

Ms. Datesh responded that she coutd "understand that it costs money for 
hearings; it costs money for interpreters; ... it's almost an investment in a 
person, when you don't know someone, he might come in just prior to 
Christmas and screen things in five minutes or less ... you don't get a rule book 
in the beginning even if you request it ...So over time a person can come to 
know things. Especially I'm not from San Francisco. I was not born and raised 
here. So ... the way I'm looking at your question is are we going to be wasting 
money in a year from now? 

"Because ... you gave me a chance and you blew it. No, you're not going to be 
wasting money because I've been selling stuff on the street my entire life. I 
started when I was fifteen years old in New York, in Manhattan. Nobody told 
me anything, nobody explained me the rules, and you kind of learn the hard 
way. So the chances for me continuing doing this are extremely high whether it 
be in San Francisco or in New York City. ... I can do other things, but it's what I 
do. As far as following the rules, yeah, of course, I'll follow the rules. I mean I 
went out of my way to find this book in the archives. I mean this thing should 
be available to people. If you license some 400 people a year ... it should be 
available to people. ... did not know anything about this program; I came up 
from Los Angeles right at the time of 9/11 ... And it's true, you can go to 



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certain people ... they will take the time to talk to you, they're patient, if you 
speak to them in a proper way ..." 

Commissioner Lloyd asked Ms. Datesh: "So, going forward, are you prepared to 
follow the rules?" 

Ms. Datesh responded: "Of course! But I'm not going to be working seven days 
a week out on the streets of San Francisco like before." 

Commissioner Cuellar asked her: "You assure us that you won't sell items that 
you didn't yourself create artistically?... We need assurance of that. 

Ms. Datesh responded: "Yes. I think that's the major thing of the Program. I 
think the secondary part is the most difficult part ... the problems you might 
have with people around you, their attitudes or whatever. The reason why I 
think we here today is, according to this rule book, page 106 and 107, is that 
I'm here to assure you that I know the rules, that I will follow them and will 
abide by them ..." 

Commissioner Lloyd asked to hear from Ms. Datesh's witnesses. 

Ms. Viki Tamaradze stated that she has known Ms. Datesh for about a year and 
a half "and my association with her is from UC, and I have found her to be very 
commendable, reliable. ... The first of the three really are items which should 
be listed as rules in a book ... The last two items are behavioral kinds of things, 
and that's something which I think may reflect frustration of not knowing the 
rules. ...I think that three or four years between a lapse of a license and a re- 
application ... and since no one is threatened, there should be no question 
about it. Now I know that one of the problems ... is that you're a minority group 
in terms of our society, and you are struggling ...for financial support and be 
true to yourselves, and therefore feelings run very high, and you're not always 
the most rational." 

Ms. Kitty Quon stated that she has known Ms. Datesh for three and a half years, 
and that Ms. Datesh makes "very wonderful items" like earrings and necklaces. 
She further stated that she bought Ms. Datesh's merchandise to sell so that Ms. 
Datesh "would have money to go back to Pennsylvania. Ms. Datesh told her that 
she makes her items during the night. She also showed her tools to her. Ms. 
Quon asked the Commissioners to give Ms. Datesh a license, as she had "no 
money and no place to stay. " 

Commissioner Lloyd called for public comment. 

Street Artist Tad Sky stated that he has been a street artist since 1974 and is 
currently market manager for the artists at Justin Herman Plaza. He considered 
the street artist license to be not a right but a privilege. All a street artist has 
to do "is follow a few simple rules: make what you're selling, sell it yourself, 
get along with your neighbors." Ms. Datesh, he said, was unable to do that in 
2003. At that time, he had some encounters with her at the Plaza when he 
noted that half of her table display exhibited items that she had not made; 
furthermore, she had made numerous complaints on other artists which, he 
said "were mostly frivolous. " Mr. Sky asked her not to sell at the Plaza 
anymore "because she couldn't get along with people. Then she lost her 
license." 

Mr. Sky went on to say that during the period without her license, from 2003 to 
the present, Ms. Datesh "has been selling, unlicensed, sunglasses, earrings 
from Peru, and other assorted jewelry that she doesn't make." This past 
summer, he related, she came to his booth on two occasions, each on a 
Saturday, at approximately 11:00 a.m., the "busy time" and "interrupted" his 
business to complain to him about unlicensed street artists in the eight spaces 
a block away from the Plaza. The first time, he told her he would look into the 
matter, but he wasn't able to. The following week she returned and 
complained that he had not spoken to Program Director Lazar about it. "As 
recently as Labor Day weekend, " he said, he passed by the eight spaces and 
observed that Ms. Datesh was there, and a licensed street artist was helping 
her move her table. "She had set up in the middle of the sidewalk in front of 
the BART station; this other artist was kind enough to help her move her 
display into the row" of legal spaces. Mr. Sky then observed that her table was 
displaying "earrings, most of them imported from Peru, which I'm very familiar 



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with, and then she had these beautiful cuff bracelets where hundreds of stones 
are woven together; I've seen them in the Gift Center ...She was laying those 
out on the table. At that time I said to her, 'Paula, I know you're trying to get 
your license back, and I don't think it's a good idea your selling things that are 
illegal ... You're going to have to change everything on your table and make 
what you're selling.'" To the Commissioners, Mr. Sky stated that he did not 
believe that Ms. Datesh "brings anything to our community of artists in the 
Street Artists Program" and that she should not be a representative of the 
Program to the city or its visitors. "I strongly advise you not to give her license 
back because", he said, almost all of her 2003 violations listed on today's 
Street Artists Committee's agenda "are still true in terms of harassing other 
artists and not making what she sells." 

Ms. Datesh asked for an opportunity to deny the allegations. She said that she 
was in Pennsylvania for two years, and therefore she "could not have been 
selling out on the streets in San Francisco." Secondly, Mr. Sky "has not 
presented any evidence to his allegations." She repeated: "I have not sold in 
the streets of San Francisco for nearly three years. ... I did on actually six 
occasions wait an enormous amount of time to politely ask Tad what an 
individual's name was ... Actually, Tad was extremely rude to me. I was not 
working, I was not selling ..." 

Commissioner Cuellar stated that he thought he had heard Ms. Datesh state 
earlier that, after she had returned to San Francisco, she was selling. He now 
asked her to clarify whether she has been selling at all in San Francisco. 

Ms. Datesh responded: "No. ... At this original hearing where they revoked my 
permit three years ago, the one that I was not able to attend, I did work on 
Montgomery and Post three to four days a week without a permit. I tried to 
stay out of people's way. I didn't really associate with anyone. I never went to 
a lottery. I actually spent an enormous amount of time at the law library across 
from City Hall researching ..." 

Commissioner Cuellar again asked her whether she had sold since returning 
from out of town. 

Ms. Datesh responded that she has a permit in Berkeley and "probably the past 
three or four weekends I've been selling there." 

Street Artist Michael Addario stated that Street Artists Program Associate 
Evelyn Russell has a restraining order against Paula Datesh, which "creates a 
huge hardship for street artists" because Ms. Russell has to leave the office 
every time Ms. Datesh comes into the building. If Ms. Datesh were to receive a 
license, she would be returning frequently, which would result in Ms. Russell 
having to leave each time. "No for-profit business would put up with this," he 
stated, and Ms. Datesh's request would not have been a matter of 
consideration. "I'm sure a judge saw reasonable cause to put a restraining 
order against her; and that seems like not the only one. There are multiple 
restraining orders against this woman." 

Mr. Addario submitted a copy of what he said was a New York Times article of 
2003 "where it talks about Ms. Datesh being arrested and jailed and sent to 
Rykers Island for an aggravated harassment charge. She pleaded guilty for that 
...And also San Francisco police arrested Ms. Datesh for signing someone else's 
name to collect 350 bracelets. She did a plea bargain for two months in jail and 
three years probation. That was 2003." 

Mr. Addario went on to say that, in the minutes of previous Street Artists 
Committee meetings, "more than one Commissioner stated that they never 
wanted to deny anyone their livelihood. I personally sympathize and applaud 
that sentiment. Nevertheless, I believe that ... is a very narrow, narrow focus" 
which concerned him with respect to the consideration of re-licensing Ms. 
Datesh. "Commissioners," he said, "must not forget they are here to protect 
the remaining membership ... the members who place their faith in them to do 
the right thing. San Francisco street artist members do not have the power to 
cite, renew, or revoke an errant member. The street artists rely on the Arts 
Commissioners who sit on the Street Artists Committee to exercise their sound 
discretion in either re-issuing or denying a person a license ... not only to 
further the arts" but to protect the artists "from incorrigibles that are seeking 
to take advantage of the public through this Program and who may be 



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potentially dangerous. Due to Ms. Datesh's ... documented frequent, violent, 
and threatening actions ....I'm formally requesting that threat assessment be 
commissioned on this person before she's let back into the Program. That is a 
formal assessment by professionals to determine if Ms. Datesh poses a danger 
to San Francisco street artists, Program staff, visitors, San Francisco employees 
or citizens. And, furthermore, do these same professionals recommend that she 
be allowed to re-enter our Program?" 

Street Artist Susan Pete stated that she was "very frightened and very stressed 
about being retaliated against ... I've suffered in the past by Paula ..." as "did 
my licensed partner family unit John Toomey ... as well as my daughter who 
was a minor at the time. We were all subjected to constant, unwarranted and 
senseless verbal harassment ... for months at a time before successfully 
obtaining through the court a three-year restraining order against Paula. ... I 
consider it your duty as Commissioners to this Program to take all of these 
considerations under your advisement in making a decision. If you allow Paula 
Grundman to become a street artist again, then you bear responsibility of her 
action." 

Ms. Tamaradze stated that making an assessment of a street artist's personality 
should be a requirement for every artist in the Program prior to obtaining a 
license. 

Ms. Datesh asked to see the documents that were given to the Committee 
during public comment. 

Commissioner Lloyd stated that they would be entered into the minutes and 
made publicly available; however, at this point, he wanted to hear what she 
had to say without addressing each specific allegation. 

Ms. Datesh stated that "this Susan Pete issue, first off, I didn't attend that civil 
hearing." 

Commissioner Lloyd asked her to talk about why she felt she should be allowed 
to re-enter the Program or about "how things might have changed" for her. 

Ms. Datesh stated: "It would appear to me that this woman is in fear of me 
today as we speak when my small opinion on this matter was I don't know this 
individual; I don't know Evelyn Russell; and it was a ball of wax that just 
snowballed ... and it was a combination of the fact that I could not attend that 
hearing to address the allegations against me ... and I didn't understand how 
important it was because, being from New York, there's not this civil 
mechanism that you have in San Francisco, that anyone can ... attempt to get a 
civil restraining order on somebody else. It's kind of unique to California. ... I 
can't speak on this issue because I don't even know this person or Evelyn 
Russell. But it's a kind of mechanism to prevent a person from ... entering this 
building. I have no business in this building anymore. In the past I did. ... with 
individuals that Susan Pete knew. In fact, I had to go to court over 50 times. ... 
As for this individual Evelyn Russell, it's already been worked out with the City 
Attorney's office, that it would be a studio visit, and this permit would be done 
by mail, as many people do." 

Ms. Datesh went on to say that, "as far as your not letting me see" the New 
YorkTimes article that was presented during public comment, "what little I've 
read about it is not nearly the truth. Anybody can print whatever they want. I 
did not speak to a reporter of the New York Times. So I take issue with that. 



Ms. Datesh went on to say that "three years have passed; that's a long time." 
With regard to the artists at the Plaza, she stated that "I really actively was in 
that program for only about six months; I only worked" in the Plaza "once, and 
I think the person I had an issue with three years ago had many issues with 
other people ... When somebody is found guilty of something and it's now three 
years later, and people are bringing out articles in the New York Times, this is 
hearsay. You have me in front of you. And I think what you're wanting me to 
say is basically what is in that rulebook, that I will abide by the rules, and that 
I will present character witnesses to testify on my behalf. ... I did not yell and 
scream and rant and rave and call people at home ... but we're not going to 
talk about that." 



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Commissioner Melania stated that she was a firm believer in giving people a 
second chance and that "several of these are pretty crucial behavioral issues." 
She asked Ms. Datesh if she could say something to the Commissioners - "I've 
yet to hear one thing of how behaviorally you've changed, and how you're 
going to interact with street artists rather than just saying that you don't 
understand the rules. Because regardless of the rules, your conduct -" 

Ms. Datesh interrupted by saying that her inability to attend the hearing was 
"the heart of the matter, and when you have this civil mechanism where six or 
eight people gang up on somebody and back each other up" in civil court, "and 
the defendant isn't there, that's like a ball of wax that just keeps getting 
bigger and bigger." She said again: "I don't know these individuals." 

Commissioner Cuellar asked Ms. Datesh how long she had been in the Program, 
to which she replied that she had had the license for a little over a year during 
which "there was the three-month suspension" for a violation she committed. 

Commissioner Lloyd stated that there were obviously serious allegations that 
had been heard, and that he did not feel there was enough evidence to reach a 
decision. He asked his Committee to consider doing a little more research; for 
this, he was inclined to continue the hearing for a month in order to check on 
the facts behind the article and then potentially rule on Ms. Datesh's request. 

Commissioner Cuellar stated that he was very concerned about the arguments 
made by Ms. Datesh that she "didn't know, didn't understand, and didn't 
attend." The Street Artists Program, he said, was a "membership program that 
is in essence a community of ... interacting artists who support one another" ... 
and interact at the lotteries for spaces. To "the issues regarding the behavioral 
questions, the response was 'I didn't know these folks' ... It wasn't 'I possibly 
did not act appropriately, but I see the error of my ways', or 'I see their 
concerns', or 'I can see why my behavior at that time might have been 
misinterpreted or why there were restraining orders at the time that affect 
both a Program person and participants in the Program.' ... I haven't heard you 
address how you would no longer engage in behaviors that would create 
negative circumstances and conditions for others in the Program ..." 

Ms. Datesh responded that "as far as behavior, it's difficult for me to say 'I'm 
sorry' because I can just express to you what I was feeling at the time. I felt 
that my livelihood had been taken away from me, but I did not have a chance 
to respond. ... I went through a lot of emotions over this three-year period. I 
don't have a family. It was a little difficult for me to come up with character 
witnesses. I feel confident in myself. ... I feel people in this Program are too 
quick to react; they're too quick to make judgments ... Let's see evidence of" 
the number of bracelets she had been allegedly selling. "It's just talk; it's not 
true. ... People change all the time ... A lot of it is age ..." 

Commissioner Lloyd stated again that he was considering continuing the item to 
the following month for further investigation of the evidence and to verify that 
the allegations against Ms. Datesh were not invented. 

Commissioner Cuellar stated that, while he could abide by a continuation, he 
was willing to vote on the matter now. 

Commissioner Lloyd said he would entertain a motion. 

Proposed Motion: Commissioner Cuellar moved that issuance of a certificate 
for Paula Datesh be denied due to a lack of evidence that Ms. Datesh was 
now able and willing to comply with the Street Artists Ordinance; the 
motion was seconded by Commissioner Melania. 

Commissioner Melania stated that she could find no expression of remorse by 
Ms. Datesh for her behavior. 

Action Taken: The Committee unanimously voted to recommend that the 
Arts Commission deny issuance of a certificate to Ms. Paula Datesh. 

Program Director Lazar clarified that the Committee's motion would be 
submitted as a recommendation to the full Arts Commission for consideration 
at its October meeting, and that Ms. Datesh was entitled to appeal the 
Committee's recommendation to the Commission. If the full Commission 



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approves the recommendation, Ms. Datesh will be entitled to appeal the 
decision to the Board of Appeals by filing an appeal within fifteen calendar 
days of the Commission's decision. 

In response to a question by Commissioner Lloyd on how artists may obtain the 
Program's rulebook, Mr. Lazar stated that the last set of hard copies of the 
book entitled, "Street Artists Program - Certification and Sales Space 
Assignment Procedures, Arts and Crafts Criteria, Regulations and Maps of Sales 
Areas," (a.k.a. the "Bluebook"), 5 th Ed., February, 1998) was produced in 
1998 when the Program had the money and staff time to produce it, that 
copies were given to all certificate-holders in the Program, sent to the public 
library and the City Attorney's office, and to other cities requesting (and 
paying for) copies, until the quantity of books expired. Since that time, the 
Street Artist Program has continued to provide street artist certificate 
applicants with materials explaining the rules governing the street artists 
program, including the "how to obtain a certificate" and screening process 
information equivalent to that contained in three major chapters of the 
bluebook. The information pertains to the steps in filing an application, the 
screening criteria and screening procedure, and what is expected of the 
applicant when selling his/her wares. The Program has not had the resources of 
staff time or money to publish a new edition of the bluebook. 

Commissioner Lloyd stated that the Program Director and he should discuss how 
it could be updated and put on the Arts Commission's website. 

*Arts Commission file note: The Street Artists Ordinance (Article 24 of the San 
Francisco Police Code) is also publicly available on the internet at 
http://www.municode.com/content/4201/14140/HTML/ch024.html. 

Hearing and possible motion to approve proposal to disallow computer- 
generated paintings on canvas, wood, or any other surface from being sold 
in the Street Artists Program. 

Street Artist William Clark, in presenting documents relevant to this item and 
others on the agenda, requested that the Committee not take a vote on the 
item at this meeting in order to allow the Commissioners time to study the 
documents he was submitting. He stated that he had been a member of the 
initial screening committee (the Advisory Committee of Street Artists and 
Craftsmen Examiners) of the Program and had been instrumental in drafting 
and implementing the screening criteria at that time. 

Mr. Clark stated that over a year ago he noticed that several artists who were 
screened for photography were taking their photographs to a third party who 
scanned them into computers which "painted" the images onto canvas and 
other surfaces. As an original member of the screening committee, he felt that 
such items were no longer photographs because they were no longer appearing 
on light-sensitive paper. He felt that those photographers should return to the 
screening committee and have their items re-screened under the "painting" 
category, and, if they wanted to sell multiples of their images, the multiples 
should be re-screened under the "printing" category. The main thrust of Mr. 
Clark's concern was that persons who were screened for photographs were now 
selling what he considered to be paintings. 

With respect to this, Mr. Clark presented copies of three City Attorney opinions 
regarding third-party reproductions. He said that in these opinions, the City 
Attorney stated clearly that unlimited numbers of reproductions of paintings, 
photographs or anything are not acceptable as handcrafted items in the Street 
Artists Program. The fact that unlimited numbers of computer-generated 
paintings on canvas of photographs and other original media were now being 
accepted into the Program violates, Mr. Clark said, the Street Artists 
Ordinance. 

Mr. Clark related that two Street Artists Committee hearings had been held on 
this matter. At one hearing, the issue was raised about the difficulty the 
Program was encountering in enforcing the then-existing limits on the number 
of prints per image being sold. The matter was sent back to the screening 
committee for a recommendation; the screening committee could not make a 
recommendation. Thereupon the Street Artists Committee recommended 
elimination of limited editions. At that meeting, a Deputy City /attorney was 
present and advised the Commissioners that, although there will be images 



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offered by the artists for lower prices, and the Commissioners had the 
authority to change the numbers of the limits, the attorney advised that the 
policy not be changed to the elimination of limits altogether. 

Mr. Clark went on to relate that at a subsequent Street Artists Committee 
meeting, several months later, a motion was entertained to eliminate limited 
numbers entirely; but the City Attorney was not present at that meeting. The 
Committee went ahead, he said, without any City Attorney advice or reference 
to the previous opinions, and eliminated the limited numbers. Mr. Clark felt 
that the time had now come to address the issue because by having unlimited 
numbers, mass-produced items were being allowed into the Program. 
Proposition "L" itself (the Street Artists Ordinance adopted by the voters in 
November, 1975) Section 3(c), regarding the application for a street artist 
certificate, provides a "declaration under penalty of perjury that the art or 
craft item for which the applicant seeks certification is the applicant's own 
creation or the creation of the applicant's family unit, and that the applicant 
neither employs other persons nor is employed by another person in the 
production of the art or craft item for which the applicant seeks 
certification. " 

Mr. Clark stated that the City Attorney had advised that so long as multiple- 
image items were of limited editions, they could be considered as 
"handcrafted" as defined in Article 24 (legislation enacted subsequent to 
Proposition "L"). He said that if the Commission allowed unlimited numbers of 
third party-generated items, the Commission would be going contrary to the 
City Attorney's opinion and to Article 24. 

In conclusion, Mr. Clark was asking the Commissioners to consider instituting 
limited editions on the computer-generated items and to consider whether 
computer-painted images, from photos or other sources, onto canvas should be 
re-screened as paintings rather than as photographs. He again urged the 
Commissioners to read the City Attorney's opinions before making a decision. 

Commissioner Lloyd called for public comment. 

Street Artist Sheila Taylor-Hill stated that she sells photos, that she understood 
Mr. Clark's concerns, but that digital photography and new media on which to 
print is a new art form which engendered much discussion and consideration. 
She suggested that the Commissioners review the matter and that the artists 
be allowed, perhaps, to meet with the City Attorney to arrive at some 
agreement. She added that photography is a great art form while being a high- 
tech area, and that the "axe" from the Program of photo images on canvas or 
other materials "would be going back in time." 

Street Artist Michael Addario showed the Commissioners canvas prints of his 
photography. He said that the definition of "handcrafted item," stated in the 
Program's bluebook, is "an item predominantly created or significantly altered 
in form by the street artist." He described the process he uses, and that he 
does "Polaroid manipulations" which are transferred to a $5000 printer. The 
process involves scanning the image onto a CD; it is enlarged in post-production 
in Photoshop. The printed image has to dry for a few days; he then has to coat 
it and let it dry again, and then hand-assemble it and staple it onto a frame 
and sign it. He attaches a label that explains the item to be "an open edition 
giclee print, environmentally friendly, rated to last 100 years." He sells the 
print for $340. 

Street Artist Thomas Duane stated that he is a professional photographer and 
had also operated a photo lab. The silver nitrate chemicals that are used in 
traditional photography are highly toxic to the environment; whereas the 
creation of digital photography advanced the medium as did acrylic paint to oil 
paint. "The medium that we use to express our art should be irrelevant. The 
fact that I can output something with environmentally friendly inks onto canvas 
... mounted onto wood ... should be irrelevant." Silver nitrate, he said, could 
also be used as paint onto a canvas with the use of a traditional exposure unit 
to create a photographic image; he asked whether that would be considered 
worth more or be more artistic than inkjet technology. "The technology or the 
tools we use to express our craft should be irrelevant." What should be 
relevant is "the fact that we created it, we saw the image, we took it, and how 
we get to the final product by working for hours on a computer ... that's the 
'handcraft.'" 



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Street Artist Robert Clark, whose pencil drawings were being studied by the 
Commissioners, stated that his brother and he were not saying that 
photography was not an art; "we're just saying that when a machine spits out 
something, there's no hands-on on the final product. The machine is spitting 
out the paint onto a canvas, onto a piece of paper; we're bringing up the 
question: Is this a handcrafted item as qualified for our Program? ... Based on 
the City Attorney's opinion, unless they're numbered and limited, they don't 
qualify for this Program." 

Street Artist Virginia Travers stated that she has been a street artist since the 
beginning of the Program, that she is an artist - not a photographer - and that 
she questioned whether the limiting of digital photographs would then apply to 
other artwork as well. She noted that there were many photographers and 
persons selling prints who were not putting labels on their works which would 
identify the nature of the print. There was no way of knowing whether they 
were the originators of the images or had obtained their images from other 
countries. 

Street Artist Edward Steneck stated that, in the past, people had complained 
that the Street Artists Program was just "rows and rows of jewelry stands," but 
when printing technology improved, "the street became lively, colorful, and 
visual art. Many of us became artists again. It dramatically improved the 
reputation of the Street Artists Program." In reference to the previous hearings 
on this subject, when the City Attorney was present at the meetings, "it was 
decided that the Program is a program of arts and crafts" and "these two areas 
have different criteria: art is a visual image that can be achieved in many 
ways; crafts consist of handwork. ... Unless we want to go back to a program of 
predominantly jewelry stands, we have to allow artists to be artists and able to 
make a living selling artwork at affordable prices" - that is, to be able to sell 
prints as well as originals. 

Mr. Steneck went on to say that any numbering of prints that would be 
required of the street artists would be "a fraud" because there was no way to 
know what number at which a print would be sold at the present time if the 
print had been selling previously. Furthermore, he said that numbering implies 
a value that will increase in time; whereas what the street artists sell "are 
beautiful affordable pieces of artwork that decorate ...walls" and do not claim 
to be "something else and worth anything more than what we perceive them to 
be worth when we sell them." While some paintings take months to make and 
are then made into prints, some photographs "are once-in-a-lifetime shots" 
where the photographer waited for a certain animal or sunrise or a special 
event. "How can it be said that we can only sell some arbitrary number of the 
prints?" 

The item did not receive a motion. 

Commissioner Lloyd clarified that the item would not be continued. 

4. Hearing and possible motion to approve resolution commending Street Artist 
Fernando Hechavarria for bravery. 

At the previous month's meeting, Street Artist Michael Addario had asked that 
the Arts Commission give recognition to the heroic efforts of Street Artist 
Fernando Hechavarria who had left his stand to help save a security guard, who 
was having a heart seizure, from an attacker. Mr. Addario had also asked that 
the Commission pay Mr. Hechavarria an honorarium to compensate him for loss 
of income as a street artist while having to attend court proceedings against 
the assailant. 

Program Director Lazar reported that the City Attorney had advised against Mr. 
Addario's second request. With regard to his first request, the Commissioners 
reviewed the following resolution drafted by Mr. Lazar: 

WHEREAS, Fernando Hechavarria is a street artist who has been certified by 
the San Francisco Arts Commission since 1985 to sell arts and crafts of his own 
creation in public places; and 

WHEREAS, On June 3, 2007, Fernando Hechavarria was selling his arts and 
crafts adjacent to The Cannery shopping complex when he witnessed Cannery 



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security guard Jim Brown defending himself from an assailant; and 

WHEREAS, The security guard, who had undergone recent heart surgery, was 
suffering heart palpitations and severe chest pains while being struck 
repeatedly by his assailant; and 

WHEREAS, Fernando Hechavarria left his street artist display to come to Mr. 
Brown's rescue, causing the assailant to desist and flee; and 

WHEREAS, Fernando Hechavarria assisted responding police officers in locating 
the assailant; now, therefore, be it 

RESOLVED, That the Arts Commission hereby commends Fernando Hechavarria 
for his heroic civic action; and be it 

FURTHER RESOLVED, That the Arts Commission joins with the artists of its 
Street Artists Program in expressing its appreciation of Mr. Hechavarria's 
inspiring example of considering and acting to ensure the well being of 
another individual. 

Commissioner Cuellar moved that the above resolution honoring Fernando 
Hechavarria be approved; the motion was seconded by Commissioner Melania 
and unanimously approved. 

5. New business 

Street Artist Tad Sky urged that members of the Advisory Committee of Street 
Artists and Craftsmen Examiners continue to monitor the artists' activities at 
Justin Herman Plaza. 

Street Artist Susan Pete urged that the Arts Commission award Fernando 
Hechavarria, for his heroic act, a free street artist certificate for three, one or 
two quarters of the year. 

Street Artist Michael Addario stated that during the last eight years the Chinese 
Neighborhood Association received $800,000 from the Mayor's Office of 
Economic Development to start a nighttime market. In contrast, the Street 
Artists Program, he said, has survived for 35 years with no financial help from 
the City. The Program's surplus was running out; it appeared to him that, 
starting next year, the artists may have to pay an additional $50 a year for 
their certificates, with increases for each of the ensuing years. This, he said, 
could cause the street artist membership to decrease while the fee could 
increase "exponentially." He urged that the Commission contract for an 
outside evaluation of the Program "to see what steps would be necessary to 
continue the life of the Program that provides access to 400 Bay Area artists." 
He also asked that the Commission attempt to obtain for its Program "a slice of 
the $50 million acquired by the 14% Hotel Tax which the City gives to other 
organizations." 

Commissioner Lloyd stated that Item 2 (hearing/possible motion to eliminate 
10-day renewal policy) and Item 6 (hearing on request for Advisory Committee 
enforcement on Beach Street) of the agenda would be continued to the 
following month's meeting. 

There being neither further new business nor public comment, Commissioner Lloyd 
adjourned the meeting at 4:40 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 



September 26, 2007 



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sfgov I residents | business I government | visitors | online services | search f 
Meetings >> Street Artists Committee Meetings 




San Francisco Arts Commission 
October 10, 2007 



STREET ARTISTS COMMITTEE 
Wednesday, October 10, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 



1. Hearing and possible motion to approve proposal to eliminate 10-day 
renewal policy to allow for renewal of more than 10 working days after a 
certificate's expiration date, (proposal submitted by street artists) 



Hearing on request for Advisory Committee of Street Artists and Craftsmen 
Examiners enforcement on Beach Street, (proposal submitted by street 
artists) 



Hearing and possible motion to approve honorarium payment of $300 plus 
cost of paint to Mario Hernandez for assisting Program Director in painting 
permanent spaces and temporary winter holiday spaces in the Downtown 
area, (request submitted by Program Director) 



4. Street Artists Program Director's Report. 

5. New Business. 

6. Adjournment. 



October 3, 2007 



Notices DOCUMENTS DEPT. 

Explanatory documents are available for public inspection and copying at the Arts 

Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 

business hours. Tel: INFO: (Howard Lazar 415-252-2583). NOV 2 8 2007 

Public comment in regard to specific items will be taken before or during SAN FRANCISCO 

consideration of the item. PUBLIC LIBRARY 



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The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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Page 1 of 9 



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sfgov I residents | business | government | visitors | online services | search [ 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
October 10, 2007 

STREET ARTISTS COMMITTEE 

Wednesday, October 10, 2007 

3:00 p.m. 

25 Van Ness Avenue, Suite 70 




MINUTES 






Members present: Commissioners Jose Cuellar and Sherene Melania 

Members absent: Commissioner Alexander Lloyd 

Staff present: Street Artists Program Director Howard Lazar 

Commissioner Cuellar, acting as Chair, called the meeting to order at 3:14 p.m. 



1. Hearing and possible motion to approve proposal to eliminate 10-day 
renewal policy to allow for renewal of more than 10 working days after a 
certificate's expiration date. 

Street Artists Program Director Howard Lazar explained that on May 3, 1982, 
the Arts Commission adopted a policy to allow street artists to renew their 
certificates within ten working days prior to or after the date of the 
certificate's expiration. Then, on September 6, 1994, the Commission adopted 
a policy whereby the validity of a renewed certificate would commence on the 
day of its payment within the ten-day grace period. Mr. Lazar clarified that the 
grace period was not an extension of time in which to sell; it was only a period 
of time to allow an artist to renew, rather than lose, his/her certificate. 

Street Artist William Clark stated that the ten-day renewal policy has a long 
history in the Street Artists Program. From the beginning of the Program in 
1972 to 1976 a street artist could renew his/her certificate at any time after 
the certificate's expiration date as long as the artist continued to sell the same 
items for which he or she had received previous certification. At one point in 
time, Mr. Clark said, the City Attorney gave a ruling that the Arts Commission 
was not allowed to renew a certificate after it had expired-not even to renew 
it a day afterward. The ruling, he said, was later proven to be inaccurate and 
was replaced with the Commission's adoption of the current ten-day policy. 

Mr. Clark proposed that the ten-day policy be eliminated altogether for the 
following reasons: (1 ) At the present time, the amount of money collected by 
the Program is dropping and the Commission may be increasing the artist's 
fees; (2) over the years, Mr. Clark has felt that street artists need more than 
ten days to renew their certificates, and this is shown by the staff's renewing 
some certificates beyond the ten-day period; (3) the Commission already votes 
monthly to approve priority issuance of certificates, with waiver of the re- 
screening requirement, for artists whose certificates have expired, and, in the 
process, the Program and the Commissioners are forced to do more work while 
the Program loses interim revenue. 

Mr. Clark submitted copies of a November 3, 1977 City Attorney opinion 
regarding "Penalties for untimely renewal of Street Artist Certificates." Mr. 
Clark called the Commissioners' attention to the following statements in the 
opinion: "The Arts Commission does not have the authority to affirmatively 



DOCUMENTS DEPT. 
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punish street artists who fail to renew their certificates by preventing them 
from seeking reinstatement or new certificates for a specified period of time. 
...However, the Commission does have the authority to prescribe reasonable 
rules and regulations for the conduct of its affairs and performance of its 
business according to Charter provision 3.500. Thus, a regulation setting the 
forth the manner in which a street artist may either reinstate his old 
certificate or secure a new certificate subsequent to the time period for 
renewal would be well within the scope of the Commission's power to 
establish rules for the conduct of its business. " Mr. Clark pointed to this as 
legal authorization for the Commission to now dispense with its ten-day 
renewal policy and to automatically renew a certificate henceforth at any 
time, so long as the certificate holder continues to sell the same item(s) for 
which he/she had previously been screened and approved. 

Mr. Clark went on to say that, at the present time, if an artist comes to the 
office a day or two beyond the ten-day grace period, it would be very difficult 
for staff to refuse to renew the certificate and make the artist wait a month 
for a new one. Why couldn't the Commission now establish a friendlier process 
at this point in time, when certificates are being dropped, which would not 
hinder people from re-entering the Program? Mr. Clark reiterated his proposal 
to rescind the ten-day policy to allow an artist to renew at any time henceforth 
so long as his/her file is still on record with the Program office and the artist 
intends to sell the item(s) for which he/she has been previously screened and 
approved. 

Commissioner Cuellar called for public comment. 

Street Artist Edward Steneck stated that he was not a hundred percent against 
Mr. Clark's proposal; however, he was concerned about the cash flow for the 
Program. While it was likely that some artists, including his wife and him, 
might drop out of the Program during the rainy season of January and 
February, the Program would lose fee revenue— for example, roughly $140 of 
Mr. and Mrs. Steinbeck's money. If the ten-day grace period were dropped 
altogether, he suspected that a higher number of artists would take advantage 
of the situation, thereby adversely affecting the Program's revenue. 

Mr. Steneck went on to state that the artists were already facing a potential 
fee increase of possibly $40 to $50 for the next year; if Mr. Clark's proposal 
were adopted, the fee might possibly increase by as much as $100 a year. Mr. 
Steneck suggested that, before any vote is taken, an expert cost-benefit 
analysis be made. 

Street Artist Michael Adarrio submitted a chart he had composed which 
compared revenue from an artist who pays for annual certification, an artist 
who pays for quarterly certification, and a "delinquent" payer who renews 
within the grace period but not on the date of the certificate's expiration. The 
charts also gave relative Program costs of licensing for the three payers. Mr. 
Adarrio explained how the charts demonstrate that (1) the annual payer pays 
$419.20 and receives a certificate for 365 days, the quarterly payer pays a 
total of $419.20 for 365 days, and the "delinquent" payer pays a total of 
$419.20 but enjoys certification for 30 days more than the other two payers; 
(2) the annual payer receives two certificates, two laminations of certificate, 
and may renew once during the year, while both the quarterly payer and the 
"delinquent" receive a total of eight certificates, eight certificate laminations, 
and may have four renewals by mails during the year; (3) the annual payer 
involves administrative time once during a year, while both the quarterly payer 
and the "delinquent" payer involve administrative time four times a year; and, 
most significantly, (4) the "delinquent" payer "defrauds the Program of 
approximately $34.50 per year in revenue" due to the "delinquent" payer's 
allowance to renew his/her certificate within the ten-day grace period but not 
on the date of the certificate's expiration. 

Mr. Adarrio submitted a second chart he had composed which showed street 
artist population numbers ranging from 275 to 400 yielding revenues, budget 
deficits, and projected fees required to balance the upcoming fiscal year 2007- 
08 budget. The chart concluded that if only 275 artists were in the Program, 
the fee to balance next year's budget would be $674.55, a 61% increase over 
the present $419.20 fee; whereas if the present 400 artists remained in the 
Program, the fee would be $463.75, an 11% increase. 



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Mr. Adarrio opposed Mr. Clark's proposal and urged that the Commission retain 
the ten-day grace period but rescind the policy which commences the validity 
of a renewed certificate on the day of its payment within the grace period-in 
other words, if an artist, within the ten-day period, fails to pay for the renewal 
of the date of the certificate's expiration, the renewal should be backdated 
(commence from) the expiration date. Mr. Addario said that this is the way 
most licenses, as well as insurance policies, work. 

Mr. Addario took issue with Mr. Clark's contention that causing a former 
certificate- holder to wait a month or so for a new certificate does not 
significantly adversely affect the Program's revenue. 

Street Artist Robert Clark stated that Mr. Addario's "payer" chart was "totally 
wrong" because it was impossible for a person to sell (and thereby gain 
certification time) during the grace period time when the artist does not 
renew. He said that this was because his brother and he had succeeded in 
getting the Arts Commission to change a rule to make it necessary for every 
artist to show their certificate when signing in for a selling space at the 
lottery; an artist who shows an expired certificate is told that it is expired and 
is prevented from signing in for a space. 

Commissioner Cuellar observed that the Commission had sat in hearings on 
cases of artists who had been caught selling with expired certificates or with 
no certificates at all. He asked Mr. Clark how, under the circumstances, they 
were able to get spaces. 

Mr. Clark responded that, in the past, the lotteries were allowing artists to sign 
their own lottery slips, and artists whose certificates had expired were able to 
sign their own lottery slips and then sign up for spaces. 

Mr. Clark responded to Mr. Steneck's contention that the Clarks' proposal 
would cause the Program to lose revenue; under the present policy, Mr. Clark 
stated, artists are currently able to leave the Program and can readily return 
via priority issuance of certificate. Therefore, there would be no potential 
revenue loss resulting from the proposal. 

Mr. Clark went on to say that Proposition "L" (the present street artists 
ordinance adopted by the voters in 1975), states specifically that the 
certificate shall be issued, and nothing in the proposition states or implies a 
cutoff date for issuance or renewal. The first ten-day policy rule, he said, was 
adopted in August, 1976, and he himself was "caught by it." He went on to say 
that the reason for the policy's creation was that, at the time, there was an 
abundance of artists in the Program, and a group of artists wanted to "knock 
people out of the Program." When he was not permitted to renew his 
certificate (due to the 1976 ten-day policy) he went to "state court," he said, 
"in order to get back into the Program." 

At the close of public comment, Commissioner Cuellar stated that he was not 
ready to make a motion on the item because the proposal had serious fiscal 
impact and policy consequences. More clarification was warranted with regard 
to the information that had been presented, the accuracy of the information, 
and a statement from the Program Director regarding projected fiscal impact 
on the Program, as well as impact on staff. The Commissioner wanted to be 
sure that a decision for or against the proposal would be in the best interest of 
the Program. 

Responding to questions from both Commissioners, Program Director Lazar 
stated that the issuance of two certificates and their resultant additional staff 
time in production was provided for by a policy voted on by the Commission to 
enable an artist to maintain one copy of the certificate on his/her display and 
carry the other copy on his/her person to show at the lotteries. Due to cost and 
staff time restrictions, the Program office has never been able to send out 
renewal notices to the artists. And the ordinance does not allow for a 
limitation on the number of certificates the Commission can issue. 

Commissioner Cuellar commented on the struggle his Committee has in 
considering the best interest of the Program in relation to the best interest of 
an individual artist; he wanted to see the decision to be a balance of the two. 

Commissioner Melania asked that the Committee consider a distinction in 



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policy between a time allotment for renewing a certificate as opposed to 
issuing a new certificate to a former certificate-holder. 

2. Hearing on request for Advisory Committee of Street Artists and Craftsmen 
Examiners enforcement on Beach Street. 

Street Artist William Clark stated that it appeared that the number of job 
functions of the Advisory Committee had been reduced from thirty-five to 
seventeen for the present fiscal year, and this would have relevance to his 
request for the Committee's enforcement on Beach Street. He requested 
verification of the job functions reduction. 

Program Director Lazar, requesting permission to respond, stated that Mr. 
Clark's perception was accurate, that the ordinance providing compensation 
for the Advisory Committee allows each member of the Committee to receive 
compensation for no more than thirty-five job functions or assignments (that is, 
screenings, studio visits, street monitoring, or other jobs assigned by the Arts 
Commission) per year, and that he, the Program Director, drafted the current 
year's budget to reflect a reduction of eighteen assignments per member in 
order to avoid raising the street artists' certificate fee for a third consecutive 
year. In so doing, the Program Director also felt confident that, given the 
Advisory Committee's previous accomplishment of a more than satisfactory 
performance in seventeen to twenty-one assignments per member, each 
Committee member could serve the Program very well within the current 
budget of seventeen assignments. 

Mr. Clark stated that the Advisory Committee members typically hold twelve 
screenings a year (once a month), which leaves only five other assignments per 
member. He went on to say that he was requesting the Committee's presence 
on Beach Street to enforce the beadstringing criteria on street artist violators. 
(Mr. Clark submitted copies of the criteria as well as copies of two pages from 
a Rio Grande catalogue which shows commercially manufactured pendants, 
many of which have surfaced on artists' displays. He wanted to see the 
Advisory Committee stop the artists from selling such pendants on the earrings 
they offer for sale. But, he said, if the members have a limit of only five 
assignments of street monitoring, their ability to enforce the criteria on Beach 
Street is seriously impacted. 

Street Artist Robert Clark stated that one of the responsibilities of the artists 
as required by law is to display their certificates, but one of the main problems 
on Beach Street is that many artists are not displaying their certificates. He 
said that someone is clearly needed to come down to the street and enforce 
this. 

Street Artist Edward Steneck stated that the law requires that the artists also 
display their California Seller's (Resale) Permits in their place of business, but 
most artists do not display them. 

Program Director Lazar clarified that, in limiting the Advisory Committee 
assignments to seventeen, he was not imposing the limit on the Committee as a 
whole but on the separate members. For example, one member could attend 
all twelve screenings and have only five assignments left for street monitoring 
duty; while another member could attend, say, seven screenings and thereby 
be able to spend more time-ten assignments-in street monitoring, including 
Beach Street. 

The Program Director went on to say that various members of the Committee 
have spoken to alleged violators, as well as artists of borderline violations, and 
have faithfully sent their reports to the Program Director who, in turn, has 
taken action in the way of either issuing written warnings or, as in the recent 
case of Manuel Loli, written notices to appear for hearing to suspend, revoke, 
or deny issuance of the artist's certificate. 

The Program Director further related that, for many years, it has been the 
practice of the Program office to write the State Seller's Permit number on the 
back of the artist's certificate, and that the personnel at the State Board of 
Equalization had told him that this would be acceptable in lieu of the artists' 
having to display the document itself. He went on to say that he has 
traditionally requested the Advisory Committee members to concentrate their 
expertise on examining and evaluating the arts and crafts being presented for 



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sale, and to not focus on other issues such as size regulations, State Seller's 
Permits, etc. 

In response to a question by Commissioner Melania, Mr. Lazar stated that over 
the past summer he had requested teams of two Advisory Committee members 
each to spend one day of each weekend concentrating on the artists' wares 
primarily at Justin Herman Plaza, and then spot-check the wares on Beach 
Street or the Downtown area. The reason for concentrating on the Plaza was 
because that was the location for which he was receiving most complaints-not 
just during summer but all year round— about the work being sold. 

The Commissioners requested that Mr. Lazar continue to direct the Committee 
members to the various locations generating complaint. 

Street Artist Michael Addario stated that he agreed that while there should be 
some enforcement on Beach Street, the Program office should issue a warning 
notice regarding the enforcement of the display of certificate and Seller's 
Permit numbers and other requirements; otherwise, the Commissioners might 
be inundated with violation cases. He pointed out that the costs of trying to 
suspend or revoke "an incorrigible," as recently demonstrated, is thousands of 
dollars for the Program. 

Mr. Addario raised what he described as "a security issue" regarding the 
Program office's disclosures of the artists' State Sellers Permit numbers. 
Because the website of the California Board of Equalization not only verifies 
whether a Seller's Permit is valid but also discloses the address (even if it is a 
residence address) given by the permit holder to the Board, Mr. Addario stated 
that he would be inquiring whether the Arts Commission's address of 25 Van 
Ness Avenue would be acceptable by the Board for street artists to give. 

Street Artist William Clark made two suggestions for the Program: (1) Stringent 
enforcement-i.e., suspensions, instead of warnings— of artists who refuse to 
display their street artist certificates; and (2) put the State Seller's Permit 
number on the front, rather than the back, of the artists' certificate. Mr. Clark 
stated that the street artist ordinance prohibits an artist from entering the 
lottery for spaces if the artist does not possess a valid Seller's Permit. If the 
Seller's Permit number were listed on the front of the certificate, he, Mr. 
Clark, would be able to see it and go to the Board of Equalization's website to 
verify the Permit's validity. He went on to say that some artists have lied to 
the Program office by giving the office fraudulent Seller's Permit numbers. If 
the numbers, again, were listed on the front of the certificates, "for our 
protection we'll do our job," he said, "and not bother the Commission with 
this; we'll take care of it from our end, and if we find somebody whose—" 

Commissioner Cuellar stated that he would rather have the subject be a policy 
issue taken up with the Commission, that he would prefer it be brought up 
when Commissioner Lloyd, the Committee's chairman, is present. 

Hearing and possible motion to approve honorarium payment of $300 plus 
cost of paint to Mario Hernandez for assisting Program Director in painting 
permanent spaces and temporary winter holiday spaces in the Downtown 
area. 

Program Director Lazar explained that the street artists ordinance provides 
that the Department of Public Works is the agency to paint the street artist 
spaces on the sidewalks; but because Public Works personnel had been 
uncertain of the exact space locations, the Program Director for many years 
had worked with the DPW personnel in locating, measuring, and painting the 
spaces. The day came when DPW announced that it wanted the Street Artists 
Program to pay $2,500 for painting the spaces. Since the Program did not have 
the funds for this, it was decided-under the guidance of the City Attomey- 
that DPW would, in essence, "deputize" Mr. Lazar to carry out the 
responsibility of painting the spaces. Thereafter, a number of years passed 
with the Program Director painting the spaces-not just the Downtown and 
winter holiday spaces but the Wharf spaces as well. Sometimes, a few street 
artists would voluntarily help him with the measuring of the spaces; one of the 
artists who volunteered consistently was Mario Hernandez. When it became 
evident that the time involved in painting the spaces interfered with other, 
more crucial, duties of the Program Director, Mr. Lazar sought Arts Commission 
authorization to pay an honorarium fee to Mr. Hernandez who had more than 



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qualified himself to do the job. This was unanimously approved by the 
Commission for each of the past several years. While Mr. Lazar would meet 
with Mr. Hernandez at certain critical sidewalks to measure and mark spaces, 
Mr. Hernandez assumed the majority of the work in measuring, marking, and 
painting all spaces. Upon completion of the assignment, the Program Director 
would check on Mr. Hernandez's work; if there was a mistake (and this was 
seldom), he would call him to return to the site and correct it. 

Street Artist Edward Steneck asked if the Department of Public Works had a 
legal right to charge the Street Artists Program for painting the spaces. 

Mr. Lazar responded that, at the time, he had received confirmation that it 
was indeed DPW's right, and that it was consistent with many departments who 
were charging other departments for their services. Mr. Lazar further stated 
that, on several occasions, Mr. Steneck himself had helped the Program 
Director in measuring and marking spaces and that, at the time, Mr. Steneck 
had commented that the Program Director shouldn't be the one to have to 
paint the spaces. 

Mr. Steneck affirmed this and said that he did not feel the Program Director 
"should be out there on his hands and knees doing this; I think it's demeaning." 
He proposed that, for next year, the honorarium be announced over the 
internet so that someone else be given the opportunity to earn $300. 

Street Artist William Clark stated that street artists pay sales tax, part of which 
goes to the City and County fund. Therefore, it was "outrageous" for the 
Department of Public Works to charge the street artists for doing a not-too- 
difficult job. He wanted to see something from the City saying that the 
Department of Public Works has the legal authority to charge the Street Artists 
Program, while the street artists ordinance mandates DPW to paint the spaces. 

Street Artist Robert Clark stated that the law is explicit: it mandates that the 
Department of Public Works do the job; it does not mandate that it charge for 
it. With regard to the honorarium issue, he stated that his brother and he were 
under the assumption that the Department of Public Works was painting the 
spaces, but only now he found out that the Program was hiring a street artist to 
do this job and earn $300. In the past, Mr. Clark said, his brother and he had 
been able to obtain over $100,000 for the Street Artists Program but never 
received an honorarium or "never even received a thank you from anybody for 
doing it, but the least the Art Commission could have done" was "to ask my 
brother and me if we want to do" the job "because I've spent thousands of 
dollars of my own money to help this program over the years; it would be a 
way for me personally to get some of my money back. " 

Mr. Clark went on to say that he sent an e-mail to the Arts Commission stating 
that he was willing to do the job "cheaper" for $200 plus cost. He added that if 
the artists have to paint the spaces themselves, a notice should be sent to 
everyone in the Program inviting artists to sign up for a lottery to select the 
one person to do the job. 

Commissioner Cuellar confirmed with Mr. Clark that he was speaking against 
the motion. 

Upon closure of public comment, Commissioner Melania moved approval of 
an honorarium payment of $300 plus cost of paint to Mario Hernandez for 
assisting Program Director in painting permanent spaces and temporary 
winter holiday spaces in the Downtown area; the motion was seconded by 
Commissioner Cuellar and unanimously approved. 

4. Street Artists Program Director's Report. 

Winter Holiday Spaces in the Downtown Area and Harvey Milk Plaza. 
Program Director Lazar reported that he had drafted and submitted legislation 
to the Board of Supervisors for additional, temporary winter holiday spaces; it 
will be assigned to the Land Use Committee for hearing. He contacted the 
office of the chair of the Committee, Supervisor Sophie Maxwell, to request 
that the legislation be heard as soon as possible, as the spaces would be 
scheduled to commence November 15, 2007. The Supervisor's staff agreed to 
calendar the item for October 22, 2007. At the same time, the Program 
Director informed the representatives of the Merchants of Upper Market and 



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Castro about the proposed temporary spaces at Harvey Milk Plaza. The 
organization endorsed the proposal, and the Program Director forwarded its e- 
mailed endorsement to Supervisor Bevan Dufty, who then expressed that he 
wished to sponsor the legislation. 

The Program Director went on to report that on October 15, 2007, he will be 
attending a meeting of the Department of Parking and Traffic, the Police 
Department, the Union Square Association, the Union Square Business 
Improvement District, and other merchant representatives to discuss 
preparations for traffic, public safety, security, publicity, and events during 
the holiday season in the Union Square/Yerba Buena area. 

Filing of Appeal. Manuel Loli, whose certificate was revoked last August, has 
filed an appeal with the Board of Appeals to overrule the revocation. Mr. Loli's 
certificate expired in September; he submitted a fee for its renewal, 
whereupon the Program Director mailed the fee back to Mr. Loli with a 
statement refusing to renew his certificate. 

Board of Equalization Seller's (Resale) Permits. The Program Director 
reported on the current controversy among the artists over the Board of 
Equalization's website disclosing the artists' addresses. Mr. Lazar wrote to the 
City Attorney requesting guidance in the matter. The City Attorney's office 
affirmed the Program Director's understanding that Seller's Permit numbers 
were public information which the Program office, if requested, is obliged to 
disclose, regardless of whether the Board of Equalization publishes the artists' 
addresses. With regard to this issue, Mr. Lazar now stated his own personal 
recommendation: that the artists telephone or write to the Board of 
Equalization to express their concerns and request that the publishing of 
addresses cease. 

Under public comment, Street Artist Michael Addario stated that the disclosure 
of the artists' Seller's Permit numbers was defeating the Program's policy of 
not disclosing the artists' addresses. 

Street Artist William Clark stated that he wanted to make it clear that the 
state law requires businesses to list their addresses and that the public, when 
entering a business's premises, is entitled to see the business's Board of 
Equalization number. Mr. Clark went on to say that at the present time, some 
street artists were entering the lotteries for spaces without possessing valid 
Seller's Permits, and that he has requested the Program Director to notify 
those persons that they cannot participate in the lottery until they obtain valid 
Seller's Permits. 

In response to a question by Commissioner Cuellar, Program Director Lazar 
stated that, while the Program office initially verifies that an artist has a valid 
Seller's Permit upon the Program's issuance of a street artist certificate to the 
artist, the Program office does not have time to re-verify the Permit's validity 
each time the artist renews his/her certificate. 

Commissioner Cuellar stated that he would like to see the Program staff verify 
with the Board of Equalization's website the validity of each artist's Seller's 
Permit upon renewal of the artist's certificate. Mr. Lazar responded that, if 
that would be the wish of the Commissioners, he would be glad to direct staff 
to perform this additional step. 

Commissioner Cuellar stated that he felt it would be an important step because 
it would keep the Program in compliance with state law and the street artists 
ordinance's lottery provision. 

Commissioner Melania asked if it were possible to have an electronic form of 
the Program's bluebook available to applicants, as well as a procedure 
requiring new licensees to sign a statement that they have read the bluebook 
in order to avoid the possibility of an artist claiming ignorance of a rule or 
procedure. This could possibly, she said, save time in discussions in future 
violation hearings. 

Program Director Lazar responded that, when it was published, the bluebook 
was given to every artist in the Program, and each artist signed a statement 
acknowledging receipt of the book. With regard to an electronic version, Mr. 
Lazar was taking steps to have it on the Program's website (which was, at the 



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present time, being upgraded) by the end of next January. Because of the 
multitude of resolutions, ordinances, and procedural changes that have been 
adopted since the book's publication in 1998, Mr. Lazar stated that he would 
have to take a week off from the normal running of the Program to edit the 
bluebook to reflect these amendments. Rather than do that, he said, he will 
seek the assistance of an intern to work on the project under his direction at 
the office. 

Commissioner Cuellar stated that he would also like to see the bluebook 
printed in hardcopy. Mr. Lazar responded that he would be glad to look into its 
cost and "add it onto the bill" of all the Program's costs he will present at next 
month's hearing on the budget and possible fee increase. 

Commissioner Cuellar stated also that he would like to see some way in which 
the Program could notify each artist of his or her renewal date. 

Street Artist Robert Clark responded that that was the reason for the 
Commission's adoption of a procedure for the office to issue not one but two 
certificates to each artist, so that one of the certificates would have to be 
shown at the lottery. 

Mr. Lazar commented that another procedure his office was working on now 
was soliciting bids on computer programs that would eliminate the issuance of 
handwritten and hand-laminated certificates by printing out coated certificates 
bearing the artists' updated renewal, photograph, and certified products. 
Current figures indicate a price tag of approximately $4,000-$5,000. 

Commissioner Cuellar asked about "in-kind contributions": perhaps it would be 
possible to find a businessperson or company who would donate the publishing 
and computer program services. 

Mr. Addario stated that frequently artists will leave the Program and return 
with new Seller's Permit numbers without informing the Program office of this. 
When "some people take it upon themselves" to look up the previous numbers 
on the Board of Equalization's website, they find that the numbers are invalid 
and request the Program to not let these artists participate in the lotteries. 
Furthermore, there was a security issue involved in the Program's disclosure of 
Seller's Permit numbers. 

Commissioner Cuellar responded that he did not see any way for the Arts 
Commission to change state policy. As for the "security issue" of disclosing 
Seller's Permit numbers, that was an issue for the state to take up. 

Street Artist William Clark stated that he was "the person who was going to the 
state, doing this" and that he discovered that there was one artist, Manuel 
Loli, among several others, who opened an account with the state, showed his 
Seller's Permit to the Program office, and then deliberately closed the account 
on the same day. 

Commissioner Cuellar responded that "it really saddened" him that the 
Program "had to deal with a group of ... people of obviously nefarious intent" 
and that the artists were policing one another; but the Commission had to 
follow its policies. 

5. New business. 

Street Artist Michael Addario requested that the Street Artists Committee's 
agendas publish the names of street artists or others whose proposals are 
calendared. Secondly, he asked that a proposal's proponent and ooponent be 
allotted the same amount of time in presenting their views. 

Commissioner Cuellar stated that the Committee would take Mr. Addario's 
requests under advisement. 

There being neither further new business nor public comment, Commissioner Cuellar 
adjourned the meeting at 4:40 p.m. 

Respectfully submitted: 



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Howard Lazar 

Street Artists Program Director 

November 6, 2007 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 
November 14, 2007 



STREET ARTISTS COMMITTEE 
Wednesday, November 14, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Agenda 

1. Hearing (discussion only) on Street Artists Program Director's proposal for 
2008-09 budget for Street Artists Program. 



2. Hearing and possible motion to approve proposal to eliminate 10-day 
renewal policy to allow for renewal of more than 10 working days after a 
certificate's expiration date, (continued from 101 10/07 meeting) 



3. Street Artists Program Director's Report. 



4. New business. 



5. Adjournment. 



November 8, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 



The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or a.ttempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness, Suite 220, San 
Francisco, CA 94102, telephone (415)252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the people's 



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review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 

- - - - - - ■ — ~ ~ " 1 

November 14, 2007 



STREET ARTISTS COMMITTEE 

Wednesday, November 14, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 






MINUTES 

Members present: Commissioners Alexander Lloyd, Jose Cuellar, and Sherene Melania 

Members absent: None 

Staff present: Interim Director of Cultural Affairs Nancy Gonchar, Street Artists 
Program Director Howard Lazar 

Commissioner Lloyd, Chair, called the meeting to order at 3:10 p.m. 

1 . Hearing (discussion only) on Street Artists Program Director's proposal for 
2008-09 budget for Street Artists Program. 

Commissioner Lloyd stated that, at today's hearing, the Street Artists 
Committee would most likely state a recommendation but would not vote on 
the budget; the vote would be taken by the Arts Commission's Executive 
Committee in January, 2008. The Commissioner thanked the street artists for 
taking time away from their jobs to come to today's meeting. 

Street Artists Program Director Howard Lazar presented his draft of a budget 
for 2008-09 and stated that it included all of the major items that had been 
requested by the Commissioners and various street artists: computer-generated 
certificates; printing of the Program's "bluebook" (which will also be available 
on the Program's website); police enforcement of the street artist and 
peddling ordinances during the winter holiday season; and utilization of the 
already legislated, full complement of thirty-five meetings/studio 
visits/ monitoring assignments of the Advisory Committee of Street Artists and 
Craftsmen at a $20 increase in compensation requested by the Advisory 
Committee. For many years, the Advisory Committee members had been 
receiving compensation of $80 per meeting/studio visit/monitoring assignment, 
and the members were now requesting compensation of $100 for each such 
duty. To support this budget, the street artist fee would have to be raised from 
the current annual fee of $419.20 to an annual fee of $583.43, representing a 
39% increase. 

The Program Director explained that the present fee of $419.20 has been in 
existence for three years: 2005-06, 2006-07, and the current year 2007-08. 
Prior to this, for twelve years (1991-2003) the street artist fee had been $350 a 
year. By 2003, however, the Program's expenses exceeded its annual fee 
revenue, and the Arts Commission requested and received from the Board of 
Supervisors in October, 2003, an ordinance which raised the annual fee in three 
increments. It started with a 6% increase to $373.60 to cover the fiscal year 
from October, 2003 to June 30, 2004; then another 6% increase to $393.40 to 
cover the period of July, 2004 to June 30, 2005; and, finally, a 5% increase 
from that amount to $419.20 (the present fee) beginning on July 1, 2005. 
These three increases represented an overall 17% increase over the previous 
long-standing fee of $350. 

Mr. Lazar went on to explain that the three fee increases had been deliberately 



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made to be gradual in keeping with the Program's gradual drawing down of its 
surplus fees revenue-a surplus which had been created from salary savings 
commencing some fifteen years ago. The Program's usage of the surplus fees 
supplemented the fee revenue in order to balance the budget. This procedure 
was commended by the City Attorney's office as "fiscally prudent." 

Finally, as Mr. Lazar had predicted four years ago, the surplus fees savings will 
be depleted at the close of the current fiscal year. That is why, he stated, 
there would be a significant fee increase for next year, even without the 
inclusion of the requested new items: the Program will no longer have the 
benefit of savings to supplement its annual revenue. 

With regard to the proposed 39% fee increase, the Program Director stated that 
it was not unusual for the street artist fees to be sharply increased. In 1983, 
the fee was $80 a year; by 1987, it had increased by 50% to $160 a year. From 
1988 to 1991, the fee was $230 a year, representing a 30% increase. In 1991 the 
fee jumped by 34% to $350 where it remained, as stated previously, for the 
next twelve years. 

At the request of the Commissioners, Mr. Lazar detailed each of the items of 
the proposed budget. He stated that the salaries and benefits of the Program's 
two staff people represented a 4% increase (a projected increase 
recommended by the Arts Commission's chief accountant in annually drafting 
the budget), and he identified those items which represented the same dollar 
amounts in the current year's budget. 

With regard to the increased rate of compensation for the Advisory Committee, 
a new compensation ordinance would be required. Commissioner Lloyd noted 
that the new rate would be a 22% increase. 

With regard to the proposed amount for police enforcement during the winter 
holiday season, Mr. Lazar stated that increased hourly rates for police officers 
may no longer allow the Street Artists Program to buy a full two weeks of 
enforcement against illegal vendors. 

To arrive at the new annual fee, the proposed budget was divided among the 
Program's current 390 street artists. Mr. Lazar clarified, however, that 
currently not all street artists pay a full year's worth of fees. While some do, 
others pay for two quarterly fees and then drop out of the Program; still others 
pay for only one quarter and leave the Program; some artists return, some do 
not. This situation, as always, makes it difficult to calculate a precise revenue. 

Commissioner Lloyd asked that, prior to the Executive Committee's hearing on 
the budget, Mr. Lazar provide figures for the budget and the increased fee to 
reflect a deletion of the amounts for computer-generated certificates, 
"bluebook" printing, and police enforcement. 

Commissioner Melania ascertained that the cost for printing the "bluebook" 
was based on 1,000 copies. The Commissioners discussed that, rather than pay 
for this expenditure, the "bluebook," which will be presently available online, 
could be photocopied by request and the requestor charged a fee to cover the 
cost. Interim Director of Cultural Affairs Nancy Gonchar stated that copies of 
the book could be placed in the City's libraries. Mr. Lazar stated that the 
previous 1998 edition had been so placed in the main branch of the public 
library and the law library, and that he had furnished-and the Program 
collected payment for-copies to other cities requesting advice on running a 
street artists licensing program. 

Commissioner Lloyd called for public comment. 

Street Artist Edward Steneck stated that the large street artist turnout at 
today's meeting was very unusual and that the artists were present because of 
their concern about the Program's costs. He said that most of the artists felt 
that the proposed rate of fee increase was "way out of line." While many 
members of the public have the impression that street artists make a good deal 
of money, "that's not the truth"; some just get by "while others do well, 
etcetera, etcetera." He went on to say that there were a number of items in 
the proposed budget that the artists could live without: for example, the costs 
of the printing of the "bluebook" and the police enforcement. He said he did 
not "have a lot of faith in the way" the police "work; I've been on the street 



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for many, many years" observing that, when the police were hired, the 
Program was taken advantage of— "I don't feel that they earned the ten 
thousand dollars that we had to pay them. Half the time we never saw them; 
they would make a few busts, they'd pick up a few tables full of scarves and so 
forth ... but really I don't think they do their job." Mr. Steneck also stated that 
the artists could live without the cost of computer-generated licenses; while it 
would someday be "great," he did not feel the Program could afford it at the 
present time. "Those three items I just mentioned," he said, "would save us 
twenty-five thousand dollars. And something else that would save us a lot of 
money: I think that the secretary that we have ... who works up in the office, I 
think we ought to find a way to live without her" salary "plus ... benefits." 

Street Artist Michael Addario submitted a nine-page report he prepared which 
was entitled "The San Francisco Street Artists Program; Proposed Budget and 
Recommendations for Fiscal 2008-2009". He explained that "San Francisco 
street artists are, in fact, disadvantaged business enterprises and, in addition, 
must design, fabricate, and sell only their original art. Our program should not 
be confused with street fairs or, for that matter, retail businesses, for in both 
cases they do not have the restrictions that are applied to our program." In 
contrast with retail stores, he said, "we do not have access to permanent 
shelters, water, sewage" and electrical facilities "and are restricted ... from 
acquiring multiple" selling "locations. We can't have employees or 
salespersons." Also in contrast with retail stores and art fairs, "with our 
present lottery system there is the possibility of driving hours to our lottery" 
and then "pull a high number and not have any viable space" in which "to 
sell." Also, because the Street Artists Program is a City program, the artists 
"must abide by costly City regulations that most fairs or small businesses could 
ill afford." Furthermore, "working street artists sacrifice paid holidays, 
vacations," sick pay days, medical and dental coverage, "pension, paid breaks, 
and any idea of seniority or security." 

Mr. Addario went on to state that "while the City of San Francisco, the Art 
Commission, and the Port make a multitude of restrictions for the street artists 
to sell their work," these agencies "refuse to enforce those identical rules 
against the unlicensed vendors who set up in the most lucrative spots in the 
city." Mr. Addario also cited the Port's encroachment policy and Street 
Performer Program which "may affect" the street artists' "legal spaces on Port 
property" and "these developments could possibly bring more members to an 
already summer-packed Justin Herman Plaza." 

Commissioner Lloyd asked Mr. Addario to concentrate his remarks on the 
proposed budget. 

Mr. Addario stated that "it was recently learned that there is a non-funded 
liability for the San Francisco Street Artists Program: staff accrued vacation 
time and sick pays to the amount of eighty-three hundred dollars as of October 
31, 2007." This amount, he said, was not included in the proposed budget, and 
that, if one of the staff members were to leave the Program, the Program 
would have to pay for the member's accrued time. 

Referring to budget figures he drafted, Mr. Addario stated that the Program 
was running a deficit of 20%. Referring to a chart he created, entitled "How 
Membership Loss Relates to Proposed Fees," he stated that, as the fee goes up, 
the membership goes down. "All indications are that the San Francisco Street 
Artists Program is in serious financial jeopardy. Presently, and for a number of 
years, the ... program is expending more resources than it recovers in revenue. 
... Major modification to the program will be needed immediately to become 
financially solvent and satisfy the program's survival, goals, and aspirations." 

Mr. Addario told the Commissioners that they had "a fiduciary responsibility to 
take control of these overlooked and runaway costs" and to "restructure" the 
program's "costly and underperforming ... office." He added that the 39% fee 
increase was "equivalent to a regressive tax on working artists who do not 
enjoy nearly the same income or benefits as program office staff." Among 
some eighteen recommendations listed in his report, Mr. Addario verbalized 
two: (1) Downsize the Program's staff— he said he was concurring with Street 
Artist Edward Steneck-which "would save approximately eighty thousand 
dollars in salary and benefits"; and (2) the Commission should explore the 
possibility of "transferring the Program to 501(c)(3) status and ... canvassing for 
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Street Artist Rui Ling Chang stated that it was "hard to make money on the 
street" and that the fee increase issue "means a lot." 

Street Artist Wgi Zhong Ma stated that he agreed with what Street Artist 
Edward Steneck said. 

Street Artist Yvonne Sik Kum Kwok stated that the proposed fee was "too 
high." 

Street Artist Gat Wah Lee Chen stated that she has been a street artist for over 
twenty years, that the price of the present fee was "very high" and that she 
opposed the cost of the new fee. 

Street Artist Stella Wu stated that she agreed with what had already been 
stated by her fellow artists. 

Street Artist Rina Lin stated that "we don't make much money" to support the 
proposed fee increase. 

Street Artist Perrie Harrison stated that the proposed 39% increase was 
"ridiculous." She said that she creates crochet items, and, when it rains, she 
cannot work; "like last Saturday, I made zero. During the rainy season ... to 
April, that sometimes can be a long stretch" in which she "can't make any 
money and still have to pay" the present fee which "is still hard to come up 
with that kind of money if you're not making any money." 

Street Artist William Clark submitted a videotape labeled "Board of Supervisors 
Finance ft Audits Committee 9/17/03" and stated that at the hearing recorded 
by the tape he presented evidence that $40,000 in interest should have 
accrued to the Street Artists Program's special fund on the fees surplus during 
the period of 1991 to 1997 but that the interest had not been received by the 
fund. "We were requesting at that time that that interest be transferred from 
the general fund to our fund." Urging the Commissioners to view the tape, Mr. 
Clark stated that Supervisor Peskin asked the Controller and the City Attorney 
to verify that the amount of interest was not received by the Street Artists 
Program's fund. The representatives of those two offices who were present 
"didn't know anything about it, and then" Program Director Lazar was asked if 
it was true that the Program's fund had never received the transfer of interest, 
but "Howard misunderstood the question that" was asked of him, "and he 
thought that they were asking him if he knew whether or not they had actually 
spent the money, and he said 'I don't know' ... So what I'm asking for you to 
do— I'm not questioning your budget at all— but I would like you to ask Howard, 
when you go back in front of the committee, to make that committee aware 
that he misunderstood that question, and that in fact there was forty thousand 
dollars that was transferred out, that we should get back ..." Mr. Clark added 
that, at the present time, he calculated an additional $25,000 was owed the 
Program as interest on the previously mentioned interest. "If you add that 
sixty-five thousand dollars onto the amount of revenue you bring in from this 
year's fee-the old fee— there would be no need to raise the fee for next year. " 

He asked that the Commissioners direct Mr. Lazar to request Supervisor Peskin 
to look into the matter of the interest, and that "we should at least try to get 
the City to return it to us." 

Street Artist Robert Clark stated that he was "opposed to any fee increase at 
this time because of the sixty-five thousand dollars that the City does have of 
our money from the interest" from 1991-97. He went on to say that the video 
his brother submitted showed that when he, Robert, was at the Finance 
Committee meeting, he told Supervisor Peskin about the $40,000, "and 
Supervisor Peskin made it very clear that if it was correct ... and that they did 
inadvertently take our forty thousand dollars interest, that there was no doubt 
that they would return it to us." Supervisor Peskin, he said, consulted with the 
City Attorney and the Controller at the meeting, but "they, for whatever 
reason, said they didn't know anything about it. And Howard misunderstood 
the question, and therefore Peskin asked the Controller to look into this." 
Since that time, Mr. Clark asserted, "the Controller hasn't looked into it." 

Mr. Clark said that he would not argue with what the Arts Commissioners 
wanted for the Street Artists Program budget, but "I am requesting that 



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Howard ask the Finance Committee to put the money back; because if he 
doesn't do it, I'm going to do it anyway." He urged the Commissioners to 
refrain from making "any decisions on what our budget should be"and urged 
the Commissioners of both the Street Artists Committee and the Executive 
Committee to view the videotape of the Finance Committee meeting "to see 
what the Supervisors said they would do" for the street artists "if we're 
correct. ... If we can get that money back, then at least for one year you don't 
have to put this pressure on these people. They're scared; they think their lives 
are going to be affected." 

Street Artist Chik Suen stated that he agreed with the comments put forth by 
Street Artist Edward Steneck. 

Street Artist Cheryl Chen stated that she would like to see the street artist fee 
raised each year by an agreed-upon uniform percentage, rather than having to 
experience sudden sharp increases. 

Street Artist Fernando Hechavarria stated that he agreed with the comments 
made by Edward Steneck. 

Street Artist Kathleen Hallinan thanked the Commissioners and the Program 
Director for their work. She stated that she has held her street artist license 
since 1974 and that she was of a "second family generation: my mother started 
me in" the Street Artists Program. She went on to say that she felt the Program 
was "really completely beautiful and unique in the entire world and, on the 
one hand, think the dollar a day or a dollar-sixty is extremely good for us for 
what we get and for the location which is the most expensive real estate in all 
the world. On the other hand, I also understand that there is real discussion 
that should go into" the increase, "so I also feel for the artists." In contrast 
with the present cost and the proposed next year's cost of her license, Ms. 
Hallinan stated that she was invited to participate in a crafts fair in December 
that was "two hundred dollars a day. I said, 'You know what? I think I'm just 
going to pay a dollar fifty' because I really can't afford to give away two 
hundred dollars of my artwork; to me, that's so huge ..." 

Ms. Hallinan went on to say that the proposed fee could be a hardship because 
"a lot of times our income is really low compared to" the artists' business of 
the 1970's. She asked the Commissioners to pay "serious attention" to the issue 
of the $40,000 interest in relation to the Program's budget, that what the Clark 
brothers "said is really worth looking into." 

Ms. Hallinan described the Program as "a really incredible program under 
Howard's stewardship," the guidance and efforts of the Commissioners, and 
the artists' hard work on a daily basis. While the Program "is a good deal, it is 
also a program of struggling artists who come out every day ... and have no 
health insurance, have no paid week, and have to make" their craft "freshly 
every day by hand." 

After the end of public comment, Commissioner Cuellar asked the Program 
Director whether a motion could be made to look into the matter of the 
$40,000 interest or what steps would be necessary to ascertain the status of 
the amount and its potential for the Arts Commission to have access to it. 

Mr. Lazar responded that it was his understanding that, firstly, it would be 
necessary to verify with the Controller the amount of interest for the years 
1991-97; then, he surmised, it would probably be up to the Arts Commission to 
vote to pursue the issue at the Board of Supervisors. At any rate, he would 
have to seek guidance from the City Attorney's office. 

Commissioner Lloyd affirmed that his Committee wanted to verify the status of 
the interest and the appropriate process involved in pursuing the money. 
However, the Commissioner felt that, while the Program's receiving the 
interest might reduce the certificate fee for one year, it was no panacea in 
solving the budget problem. Nevertheless, he asked the Program Director to 
look into the matter of the interest. 

Commissioner Lloyd went on to state that, given his assessment of the 
opposition to raising the fee at all, he wanted to see a new budget proposal 
that removed as much of the new items as possible in order to keep the fee 
down. While it would be advantageous for the Program to have the new items, 



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the fee increase at this time should be minimal. The Commissioner asked that 
the following be removed from the proposed budget: the printing of the 
"bluebook" (if there is a necessity for a hardcopy, he said, a charge could be 
made on a per-copy printing basis); the police enforcement; and the computer- 
generated certificates. The proposed $20 increase in compensation for the 
Advisory Committee, however, should remain, since the Advisory Committee 
had not received an increase in many years. 

For the long term, the Commissioner stated that he would like to see a 
proposal that would include a charitable institution associated with the Street 
Artists Program, as a "Friends of the Street Artists Program," or some local 
businesses that would support the Program. 

Commissioner Melania commented that, if the "bluebook" could not be 
printed, it should at least be accessible online in order to avoid the possibility 
of a street artist claiming he/she did not know the rules because they couldn't 
find the "bluebook." 

Commissioner Lloyd agreed with this and added that, for people who do not 
have access to the Internet, it might make sense to establish a procedure to 
print out the book for individuals and charge them for the cost. 

Commissioner Cuellar stated that worthy of consideration might be a pre- 
established fee increase percentage year by year, anticipating the needs of the 
Program, in order to avoid long stretches of no fee increase and sudden 
dramatic increases. 

Program Director Lazar stated that the Program is governed by an ordinance 
passed by the voters which prohibits increasing the fee beyond that which is 
necessary to cover the Program's expenses. Furthermore, while a surplus is 
always advantageous to augment the fee revenue if necessary, the Program is 
not entitled to deliberately create a surplus. He went on to say that the 
Program's expenses have not always been consistent. With respect to a 
proposed gradual fee increase, the last three increases were gradual and were 
provided as such by the current fee ordinance. These gradual increases were 
based on consistent expenses for the past few years. The currently proposed 
dramatic increase was due primarily to the inclusion of new significant items in 
the budget. 

Mr. Lazar went on to state that the biggest item of the budget has always been 
its salaries and benefits and can be predicted annually by increasing them by 
4%, as recommended by the Commission's Chief Accountant. Similarly, the 
Program's budget for supplies has remained consistent through the years. 

Commissioner Cuellar stated that, in addition to basing a consistent increase on 
salaries and benefits, it might be possible to project the increase to include 
other items as well. For example, a 6% increase per year might make it possible 
to project a budget in keeping with the revenue. 

Mr. Lazar responded that, while such a course could be worked out, he felt 
that many artists were still failing to understand that the reason for the 
projected dramatic jump in the fee, even without the budget's inclusion of 
new items, was the fact that the Program will next year no longer have a 
surplus to offset its costs. The annual fee revenue will have to entirely support 
the budget. 

Commissioner Lloyd affirmed that if the budget deleted the costs of the 
computer-generated permits, the printing of the "bluebook," and police 
enforcement— which would represent a savings of $25,000-the balance of the 
costs would yield a fee of approximately $500, substantially less than the 
previously projected $583. 

Mr. Lazar clarified that, if the Program three years ago (when the three- tiered 
increase commenced) had not had the benefit of its surplus, the artists "would 
be paying five hundred and something by now, this present year." The 
projected significant fee increase "comes as such a shock because" the 
Program previously "had the luxury of a surplus savings" to draw from. 
Nevertheless, following Commissioner Cuellar's advice, it would be possible to 
work with the Commission's Chief Accountant to arrive at a percentage formula 
for the subsequent five years. This, in fact, was done three years ago when the 



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Program Director consulted with the City Attorney in arriving at the subsequent 
formula of 6%, 6%, and 5% fee increases, respectively. 

Commissioner Lloyd, addressing the artists, stated that, while he understood 
that they did not necessarily want more competition, every new artist added to 
the Program will help the fee to go down. 

Street Artist Kathleen Hallinan interjected that the Program did not have the 
spaces to accommodate a substantial increase of artists. 

To this, Commissioner Lloyd stated that the Commissioners and staff will work 
to obtain more spaces. In so doing, he invited the artists to find other artists 
who would be interested in joining the Program; and that would be one way to 
reduce the fee. 

Commissioner Cuellar questioned whether there was a finite number of artists 
which the Program could reasonably serve. Presently, as was stated by Street 
Artist Michael Addario, some artists may drive for three hours to get to their 
lottery only to receive a poor space and make little money. The more artists 
who are in the Program, the more it will be probable that artists will be coming 
from afar and not able to make much money. Therefore, something to think 
about would be the ideal number of artists and the ideal number of spaces; 
given these, the Commissioner questioned: What kind of projection of fee 
increases should be prepared to pay on a regular basis to maintain the 
Program? 

Program Director Lazar stated that the Program has maintained roughly 400 
artists for the past seven or eight years. Thirty years ago there were about 
1,000 artists in the Program. Of the current approximate 370 spaces, the 
question has to be asked: How many are workable and good? While the number 
of spaces could be matched with the number of artists, the problem would not 
necessarily be solved since not all the spaces were viable. Furthermore, many 
spaces have been shown to "go through a metamorphosis of viability: during 
one decade they're up on top, the next decade they're way down. It's a 
fluctuating thing; it's business." 

The Program Director went on to clarify that the Arts Commission was 
prohibited from establishing a limitation of the number of artists it certifies. 
While the Program has lost spaces through the years, it has also gained spaces. 
On the day following this meeting, in fact, seventy-one choice winter holiday 
spaces would be added to the Downtown Lottery, and this will be the twenty- 
sixth year that the Arts Commission has obtained such spaces for a crucial 
selling season on behalf of the artists. 

Commissioner Lloyd recommended that, while he appreciated the inclusion of 
new items which reflected what the artists and the Commissioners had 
previously discussed, a budget should now be proposed, however, with as 
minimal a fee increase as possible, because "it doesn't take a genius to hear 
what" the artists "are saying, and we're all here to help these people." He 
asked the Program Director to prepare a revised budget that would delete the 
higher-cost new items, amounting to $25,000, and would retain the 
compensation increase for the Advisory Committee with the Committee utilized 
for fewer meetings than the allotted 35 meetings. He asked that this be 
prepared for presentation to the Commission's Executive Committee in 
January, 2008. 

Commissioner Lloyd affirmed that there would be no Street Artists Committee 
meeting scheduled for December. 

Hearing and possible motion to approve proposal to eliminate 10-day 
renewal policy to allow for renewal of more than 10 working days after a 
certificate's expiration date (continued from 101 10/07 meeting). 

Program Director Lazar reported that, at the last hearing on the matter, he had 
been asked to obtain a projection of the effect on the Program's fee revenue if 
the 10-day policy were eliminated. He discussed the matter at length with the 
Arts Commission's Chief Accountant whose opinion was that the elimination of 
the policy would not be a good idea, that it was important to maintain a 
deadline for renewals in order to keep an assured amount of revenue. 



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In response to a question by Commissioner Melania, Mr. Lazar clarified the Arts 
Commission's authority in waiving its policy of re-screening the wares of former 
certificate-holders seeking new certificates and approving, at full Commission 
meetings, issuance of new certificates for such artists without re-screening. 

The Program Director went on to say that, at the last hearing, the Committee 
heard an argument that, if a former certificate-holder has to wait a month for 
full Commission approval, there would be a loss of revenue from this individual 
in the interim, and that, instead of undergoing this, it would be easier for the 
Program to collect the fee immediately and license the artist. While that may 
be true, the Program Director stated that, if the 10-day policy were 
eliminated, the Committee should consider the relatively small number of 
former certificate- holders (usually three or four, possibly eight during the 
winter holiday season) whose fee revenue could be collected right away, in 
relation to the majority of artists whose fee revenue, without being governed 
by deadline, would probably no longer be collected on a timely basis. Mr. 
Lazar, in agreement with the Commission's Chief Accountant, recommended 
that the 10-day policy not be eliminated. 

Street Artist William Clark, who had proposed eliminating the policy, stated 
that artists who fail to renew abide by the policy and walk away from the 
Program, thus making for a loss of revenue while they wait for either a re- 
screening or full Commission approval for a new certificate. Mr. Clark went on 
to say that "this is pure conjecture on the part of people who are saying that 
we're going to lose all these people" who pay in accord with the policy 
deadline "because everybody's going to take a vacation and go off and not 
come in to the Program ... What we're saying is that the people who want to 
work in the Program are going to come here and pay for their time period" 
while artists who "don't want to work, even under the present situation ... are 
going to take a month off or two months off or three months off ... and then 
come in and ask for a waiver." He went on to say that the raising of the fee at 
this time will make it more difficult for artists to pay in a timely fashion. He 
suggested that the Commissioners consider extending the policy to thirty days 
"to give people that additional time" to raise the money. This would avoid 
their having to go through the re-screening process, "to come in here and 
humiliate themselves in front of you guys ... telling you 'Well, I'm broke, I don't 
have money...' " Mr. Clark did not foresee a major loss of revenue by extending 
the length of time of the policy. 

Street Artist Robert Clark stated that, at the last hearing, he had raised the 
question of why the policy was initiated, what the need had been for it. He 
also alluded to the present policy allotted for new street artists to pay for their 
certificates within fifteen days of their screening. He stated that the reason 
the policies were initiated "in the first place was to knock people out of the 
Program." 

The reason for this, he said, was that at the time there was a group of artists 
"who wanted to monopolize spaces; they went to the Arts Commission and they 
said 'Hey look, we got two thousand people in the Program, we don't have 
enough spaces, we've got to get rid of some people. ... Well, we can't get rid 
of people unless we have a procedure that says after this date, you're no 
longer in the Program.' ... Well, back then, this Committee was illegally 
limiting the numbers, and what happened is they created the 10-day rule" to 
eliminate artists from the Program. He went on to say that also at that time 
new artists were not permitted into the Program "until somebody drops out. " 

Mr. Clark submitted what he called "a work plan from Howard Lazar in 1991- 
92" which, he said, "clearly states that one of Howard's goals in 1991 was to 
knock the numbers of this Program down to 572 ..." He went on to state that 
"while we were trying to get more people into the Program, this Commission 
was knocking people out of the Program." He asserted that if the fees were 
now getting to be "so high, it's not because of the street artists; it's because 
this Commission had a policy to knock the numbers down." 

Street Artist Michael Addario stated that elimination of the renewal grace 
period would be "financial suicide if people could pick and choose what month 
they want to work; especially with our costs now, people would just work 
during the wintertime or during the summer ... and just come back next year." 
Therefore, he felt that elimination of the policy would hurt the Program 
financially and would "then shift the burden" of shouldering the Program's 



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expenses "on everybody who works" throughout the year. 

Street Artist Kathleen Hallinan stated that "sometimes when the Clark brothers 
have come up with" an idea there would be "a whole bunch of people in 
opposition, and later on everybody loved it." She asked the Commissioners to 
give the elimination of the renewal period an opportunity-a "test period"-to 
see what effect it would have on the Program's revenue. 

Upon the close of public comment, Commissioner Lloyd called for a motion to 
approve eliminating the 10-day policy. No motion was forthcoming. 

3. Street Artists Program Director's Report. 

Hearings at Board of Appeals. Program Director Lazar reported on the recent 
hearings in which he had participated at the Board of Appeals relative to the 
appeals filed by Manuel Loli and Paula Datesh of the Arts Commission's actions 
on their certification. Mr. Lazar thanked street artists Susan Pete, Michael 
Addario, Kathleen Hallinan, and Edward Steneck for testifying at the hearings. 

With regard to Paula Datesh's hearing, the Board of Appeals found that there 
was inadequate evidence to support the Arts Commission's denial, unanimously 
overruled the Commission, and ordered the Commission to issue Ms. Datesh a 
three-month street artist certificate which shall be subject to renewal under 
the Program's rules-that is, subject to Ms. Datesh's abiding by the rules. Mr. 
Lazar further reported that the Board of Appeals commissioners made it clear 
to Ms. Datesh "that there will be no third chance." The Board's chair directed 
her to not telephone people at home nor "arrive at their desk side at their 
work." She promised she would not; and he said to Ms. Datesh, "Consider this a 
gift." She promised to "obey all the rules" and to not get into conflicts with 
anyone. 

With regard to Manuel Loli's hearing, the Program Director stated that he had 
presented "irrefutable evidence" of Mr. Loli's violations, his yearlong history of 
hearings with the Street Artists Committee, as well as the findings from the 
visit to his studio conducted by the Advisory Committee of Street Artists and 
Craftsmen Examiners. Mr. Lazar said the Board of Appeals commissioners were 
"very courteous" but "they just couldn't find it in their hearts to just say 'no 
forever', as they put it, to this man, so that he could not get a license." Mr. 
Lazar stated that three street artists testified as to how difficult it is, as well 
as time-consuming, to make their own work, and to the injustice of having "to 
compete with someone who is selling" items "he doesn't make." Nevertheless, 
the Board unanimously voted to continue the matter to January and directed 
Mr. Loli to submit additional documents to verify that he understands the 
Program's rules and that he will abide by them. Mr. Loli told the Board that he 
now understood the rule that anything new he creates must be screened by the 
Arts Commission. Mr. Lazar commented that, while the Street Artists 
Committee commissioners had repeated that rule to Mr. Loli in two separate 
hearings, "he resisted you," but, "for some reason, he's not resisting" the 
Board of Appeals "commissioners." 

Mr. Lazar related that he asked the Board of Appeals the following question: If 
the Board ultimately votes to give Mr. Loli a license and he is later observed 
selling something he doesn't make and/or something he does make but fails to 
get screened, would the Arts Commission and the Board of Appeals have to go 
through the same hearing procedures again? The answer was affirmative. 

In the Loli appeal, Mr. Lazar assessed that the Arts Commission did obtain, 
however, a minor victory: the appellant was not permitted to sell from 
September to January, which effectively prohibits him from selling during the 
winter holiday season. 

4. New business. 

Street Artist Cheryl Chen stated that it wasn't fair to the street artists that the 
Board of Appeals ordered issuance of permits to Paula Datesh and Manuel Loli 
who sell some things they do not make. 

Ms. Chen also asked if it was true that the security people working for the 
Union Square Business Improvement District were photographing the artists' 
displays as part of reports submitted to Mr. Lazar. Commissioner Lloyd 



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responded that, under "New business," he would not take questions, but only 
comments from the public. Program Director Lazar invited Ms. Chen to 
telephone him the next day and he would discuss the matter with her. 

Street Artist Michael Addario urged everyone to view the videotape of the 
Board of Appeals hearings of Paula Datesh and Manuel Loli. "Howard," he said, 
"did an excellent presentation," but "it was unfortunately a devastating 
defeat." While four street artists testified, if more artists had attended, he 
thought the Arts Commission might have prevailed. "Manuel Loli," he stated, 
"used the race card again" in appealing to the Board; "he made us sound like 
we were racist against him and ... the only reason why we were there." He 
went on to say that many artists had been notified of the hearings in person 
and by e-mail, but no more than four had shown up. He also said that it would 
also have been helpful if the Arts Commissioners had written a brief on how 
they had been harassed by Ms. Datesh. As for Ms. Datesh's promise to not 
harass anyone," he said, "she has, since the meeting, sent an e-mail to my 
sister-in-law"; Mr. Addario, therefore, predicted that her harassing behavior 
will continue. 

Mr. Addario described the commissioners of the Board of Appeals as "ignorant 
of our whole Program; they didn't even know that our commissioners are 
appointed by the Mayor ... They dismissed all of our complaints." While, he 
stated, "we did as much as we could," the Board acted as "if it was a nullifying 
jury." 

On another matter, Mr. Addario stated that the Port's Street Performers 
Program has commenced, "and it looks the same way as it did before: there 
are still unlicensed vendors in the areas" in which the licensed street artists 
would like to sell; in addition, there were spray-paint artists. The photos taken 
by Mr. Addario of these various unlicensed persons on Port property were used, 
Mr. Addario stated, as an issue raised by Manuel Loli at his Board of Appeals 
hearing that Mr. Addario "was going against people of color." 

Street Artist Kathleen Hallinan stated that the Clark brothers brought to her 
attention that, with respect to the Manuel Loli hearing, the Board of Appeals 
made a decision to overturn a finding by Arts Commissioners which had been 
based on evidence; "so, in fact," she stated, "they took your evidence, based 
on two years and thousands of dollars for translators, etcetera ... and they 
threw that evidence out and, in fact, based their decision upon compassion, 
sympathy ...It was startling to see that you had done the work, investigated, 
paid for translators, spent two years, come to the conclusion that these pipes 
of Loli were not just something he didn't quite understand he couldn't do; but 
they threw out all of your evidence and time and proof and decided, based on 
sympathy and compassion, that he had not understood the rules" even though 
"he was caught apparently red-handed with obvious" items he had not made. 

Commissioner Lloyd stated that if Mr. Loli or Ms. Datesh were to come before 
the Arts Commission again on charges of violation and there would be an 
appeal, he, Commissioner Lloyd, and the other Arts Commissioners would speak 
at the Board of Appeals. 

Commissioner Cuellar requested that, whenever a street artist appeals the 
decision of the Arts Commission, the minutes of his hearings with the 
Commission should be sent to the Board of Appeals "so that they have a full 
record of our deliberation." 

Program Director Lazar stated that he had intended to do so, but the Board 
limits a department's brief to twelve pages, and the brief on Manuel Loli's 
violations, hearings, photographic evidence, and findings had been so extensive 
that no room had been available for an attachment of the minutes of his 
hearings. 

Commissioner Cuellar thanked Mr. Lazar and the artists for "doing an excellent 
job" at the hearing. He further stated that he felt the Board of Appeals 
"misrepresented and misunderstood the case." He pledged to attend if Mr. Loli 
again makes it necessary. 

Street Artist Edward Steneck asked that the Arts Commissioners write to the 
Police Commission or Department to have police officers "please go out there 
and enforce the law; because they don't do it." He asked why the street 



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artists, through their Program, should have to pay the Police Department to 
enforce the law against unlicensed vendors. The Police Department was 
already paid, he said, "through property taxes I pay, through lots of other 
taxes that we all pay; and for them to decide that they're not going to" 
enforce the peddling law "unless we give them ten grand every Christmas, is 
ridiculous." He exemplified the problem by alluding to an unlicensed vendor 
who sets up at the cable car turnaround at California and Market Streets every 
weekend: "a whole display of scarves, wallets" and other merchandise set up 
"alongside the" licensed "street artists." This vendor, he said, is like others 
who set up illegally throughout the city and who "don't pay thousands of 
dollars a year to the California State Board of Equalization, like my wife and I 
pay; they don't pay the twenty-five dollars to the City for the Business Tax ... 
They probably don't pay any income tax, don't even report it, and the police 
won't do anything about it unless we pay them. ... It's disgusting." 

On another matter, the Program's budget, Mr. Steneck stated that, while most 
of the revenue goes to salaries, he was not going "to suggest that Howard work 
an hour less than he's already working or get paid a dime less, but I don't think 
we need a full-time secretary; there's no reason in the world why somebody 
has to sit up there to answer a telephone five days a week." Instead, he said, 
the Program could have the typical electronic answering service with directives 
to callers to "press one, press two, press three" to receive answers to their 
questions. He further suggested the hiring of a temporary worker for office 
assistance. 

Street Artist Kathleen Hallinan expressed her wish that the present three Arts 
Commissioners remain on the Street Artists Committee, that they had spent a 
great deal of time learning about the artists and their Program. In contrast, she 
stated, the commissioners of the Board of Appeals had asked Mr. Lazar why a 
street artist could not easily write on a piece of paper what he or she wants to 
make and then just make and sell it. She said, "Howard said, 'Well, everybody 
in the stores would be out there, you have to be certified'; well, they said 
'Why?' They also said to Howard, 'What's the difference between a peddler's 
program and a street artists program?' So you three people really work hard, 
and I hope we don't lose you." 

Commissioner Lloyd thanked the artists for their interest and participation. 

There being neither further new business nor public comment, Commissioner Lloyd 
adjourned the meeting at 4:45 p.m. 

Respectfully submitted: 



Howard Lazar 

Street Artists Program Director 

December 7, 2007 



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(SFGOV 

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sfgov I residents | business | government | visitors | online services | search | 
Meetings >> Street Artists Committee Meetings 

San Francisco Arts Commission 



December 12, 2007 meeting cancelled 



STREET ARTISTS COMMITTEE 
Wednesday, December 12, 2007 

3:00 p.m. 
25 Van Ness Avenue, Suite 70 



Notice of Cancellation of Meeting 



DOCUMENTS DEPT. 

JAN - 8 2C38 

SAN FRANCISCO 
PUBLIC LIBRARY 



The regular meeting of the Street Artists Committee of the San Francisco Arts 
Commission scheduled for Wednesday, December 12, 2007 has been cancelled. 

December 5, 2007 



Notices 

Explanatory documents are available for public inspection and copying at the Arts 
Commission office, 25 Van Ness Ave, Suite 240, San Francisco CA 94102 during regular 
business hours. Tel: INFO: (Howard Lazar 415-252-2583). 

Public comment in regard to specific items will be taken before or during 
consideration of the item. 

The ringing of and use of cell phones, pagers and similar sound-producing electronic 
devices are prohibited at this meeting. Please be advised that the Chair may order 
the removal from the meeting of any person(s) responsible for the ringing or use of a 
cell phone, pager, or other similar sound-producing electronic devices. 

Individuals and entities that influence or attempt to influence local legislative or 
administrative action may be required by the San Francisco Lobbyist Ordinance (San 
Francisco Campaign and Governmental Conduct Code sections 2.100 - 2.160) to 
register and report lobbying activity. For more information about the Lobbyist 
Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220. 
San Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3112 and web site . 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE 

Government's duty is to serve the public, reaching its decision in full view of the 
public. Commission's, boards, councils and other agencies of the City and County 
exist to conduct the people's business. This ordinance assures that deliberations are 
conducted before the people and that City operations are open to the peoples 
review. For more information on your rights under the Sunshine Ordinance or to 
report a violation of the ordinance, contact Frank Darby by mail to Administrator, 
Sunshine Ordinance Task Force, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, 
San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; 
or by email at sotf@sfgov.org . 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a 
copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative 
Code on the Internet, http://www.sfgov.org/sunshine/ 



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